82_FR_42823 82 FR 42649 - Stainless Steel Flanges From India and the People's Republic of China: Initiation of Less-Than-Fair-Value Investigations

82 FR 42649 - Stainless Steel Flanges From India and the People's Republic of China: Initiation of Less-Than-Fair-Value Investigations

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 174 (September 11, 2017)

Page Range42649-42654
FR Document2017-19294

Federal Register, Volume 82 Issue 174 (Monday, September 11, 2017)
[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Pages 42649-42654]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19294]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-877, A-570-064]


Stainless Steel Flanges From India and the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigations

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


DATES: Effective September 11, 2017.

FOR FURTHER INFORMATION CONTACT: Annathea Cook at (202) 482-0250 
(India) and Kenneth Hawkins at (202) 482-6491 (the People's Republic of 
China), AD/CVD Operations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On August 16, 2017, the U.S. Department of Commerce (the 
Department) received antidumping duty (AD) Petitions concerning imports 
of stainless steel flanges from India and the People's Republic of 
China (PRC), filed in proper form on behalf of the Coalition of 
American Flange Producers and its individual members, Core Pipe 
Products, Inc. and Maass Flange Corporation (collectively, the 
petitioners).\1\ The AD Petitions were accompanied by countervailing 
duty (CVD) Petitions concerning imports of stainless steel flanges from 
India and the PRC. The petitioners are domestic producers of stainless 
steel flanges.\2\
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    \1\ See Letter to the Secretary of Commerce re: ``Stainless 
Steel Flanges from the People's Republic of China and India: 
Petitions for the Imposition of Antidumping and Countervailing 
Duties'' (August 16, 2017) (the Petitions).
    \2\ See Volume I of the Petitions, at 2.
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    On August 18 and 21, 2017, the Department requested supplemental 
information pertaining to certain areas of the Petitions.\3\ The 
petitioners filed responses to these requests on August 22, 2017.\4\ 
The petitioners filed revised scope language on August 30, 2017.\5\
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    \3\ See Letters from the Department, to the petitioners, dated 
August 18, 2017.
    \4\ See Letter from the petitioners, ``Re: Stainless Steel 
Flanges from the People's Republic of China and India: Supplement to 
the Petitions for the Imposition of Antidumping and Countervailing 
Duties--Response to the Department's Supplemental Questions, Volume 
I Relating to Common Issues and Injury;'' (August 22, 2017) (General 
Issues Supplement); see also Stainless Steel Flanges from the 
People's Republic of China and India: Supplement to the Petitions 
for the Imposition of Antidumping and Countervailing Duties--
Response to the Department's Supplemental Questions, Volume IV 
Relating to India (India AD Supplemental Response); and Stainless 
Steel Flanges from the People's Republic of China and India: 
Supplement to the Petitions for the Imposition of Antidumping and 
Countervailing Duties--Response to the Department's Supplemental 
Questions, Volume II Relating to China (PRC AD Supplemental 
Response). All of these documents are dated August 22, 2017.
    \5\ See Letter from the petitioners, ``Stainless Steel Flanges 
from the People's Republic of China and India: Supplement to the 
Petitions for the Imposition of Antidumping and Countervailing 
Duties-Revision to Scope,'' dated August 30, 2017 (Scope 
Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of stainless 
steel flanges from India and the PRC are likely to be sold in the 
United States at less than fair value within the meaning of section 731 
of the Act, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing 
stainless steel flanges in the United States. Also, consistent with 
section 732(b)(1) of the Act, the Petitions are accompanied by 
information reasonably available to the petitioners supporting their 
allegations.
    The Department finds that the petitioners filed these Petitions on 
behalf of the domestic industry because the petitioners are interested 
parties as defined in sections 771(9)(C) and (F) of the Act. The 
Department also finds that the petitioners demonstrated sufficient 
industry support with respect to the initiation of the AD 
investigations that the petitioners are requesting.\6\
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    \6\ See the ``Determination of Industry Support for the 
Petitions'' section, below.
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Periods of Investigation

    Because the Petitions were filed on August 16, 2017, the period of 
investigation (POI) for the investigation for India is July 1, 2016, 
through June 30, 2017. Because the PRC is a non-market economy (NME) 
country, the POI for this investigation is January 1, 2017, through 
June 30, 2017.

Scope of the Investigations

    The products covered by these investigations are stainless steel 
flanges from India and the PRC. For a full description of the scope of 
these investigations, see the ``Scope of the Investigations,'' in the 
Appendix to this notice.

Comments on Scope of the Investigations

    During our review of the Petitions, the Department issued questions 
to, and received responses from, the petitioners pertaining to the 
proposed scope to ensure that the scope language in the Petitions would 
be an accurate reflection of the products for which the domestic 
industry is seeking relief.\7\
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    \7\ See Attachment to the Scope Supplement.
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    As discussed in the preamble to the Department's regulations, we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (scope).\8\ The Department will consider all 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determinations. If scope comments include factual 
information,\9\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
the Department requests all interested parties to submit such comments 
by 5:00 p.m. Eastern Time (ET) on Monday, September 25, 2017, which is 
20 calendar days from the signature date of this notice. Any rebuttal 
comments, which may include factual information, must be filed by 5:00 
p.m. ET on Thursday, October 5, 2017, which is 10

[[Page 42650]]

calendar days from the initial comments deadline.10 11
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b).
    \11\ See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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    The Department requests that any factual information the parties 
consider relevant to the scope of the investigations be submitted 
during this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party may contact the Department 
and request permission to submit the additional information. All such 
comments must be filed on the records of each of the concurrent AD and 
CVD investigations.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS).\12\ An 
electronically filed document must be received successfully in its 
entirety by the time and date it is due. Documents exempted from the 
electronic submission requirements must be filed manually (i.e., in 
paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 
18022, U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230, and stamped with the date and time of receipt by 
the applicable deadlines.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of the Department's electronic 
filing requirements, which went into effect on August 5, 2011. 
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics for AD Questionnaires

    The Department will provide interested parties an opportunity to 
comment on the appropriate physical characteristics of stainless steel 
flanges to be reported in response to the Department's AD 
questionnaires. This information will be used to identify the key 
physical characteristics of the merchandise under consideration in 
order to report the relevant costs of production accurately as well as 
to develop appropriate product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics and (2) product-comparison criteria. We note that it is 
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe stainless steel flanges, it may be that only a select few 
product characteristics take into account commercially meaningful 
physical characteristics. In addition, interested parties may comment 
on the order in which the physical characteristics should be used in 
matching products. Generally, the Department attempts to list the most 
important physical characteristics first and the least important 
characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on September 25, 
2017. Any rebuttal comments must be filed by 5:00 p.m. ET on October 5, 
2017. All comments and submissions to the Department must be filed 
electronically using ACCESS, as explained above, on the records of 
India and the PRC less-than-fair-value investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\13\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\14\
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    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petitions).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the investigations. Based on our analysis of the information 
submitted on the record, we have determined that stainless steel 
flanges, as defined in the scope, constitute a single domestic like 
product, and we have analyzed industry support in terms of that 
domestic like product.\15\
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    \15\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Antidumping Duty Investigation Initiation Checklist: Stainless 
Steel Flanges from India (India AD Initiation Checklist), at 
Attachment II, ``Analysis of Industry Support for the Antidumping 
and Countervailing Duty Petitions Covering Stainless Steel Flanges 
from India and the People's Republic of China'' (Attachment II); see 
also Antidumping Duty Investigation Initiation Checklist: Stainless 
Steel Flanges from the People's Republic of China (PRC AD Initiation 
Checklist), at Attachment II. These checklists are dated 
concurrently with this notice and on file electronically via ACCESS. 
Access to documents filed via ACCESS is also available in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building.

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[[Page 42651]]

    In determining whether the petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the Appendix to 
this notice. The petitioners provided their own 2016 production of the 
domestic like product, and compared this to the estimated total 
production of the domestic like product for the entire domestic 
industry.\16\ We relied on data the petitioners provided for purposes 
of measuring industry support.\17\
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    \16\ See Volume I of the Petitions, at 2-3 and Exhibit I-3; see 
also General Issues Supplement, at 6-7.
    \17\ Id. For further discussion, see India AD Initiation 
Checklist and PRC AD Initiation Checklist, at Attachment II.
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    Our review of the data provided in the Petitions, General Issues 
Supplement, and other information readily available to the Department 
indicates that the petitioners have established industry support for 
the Petitions.\18\ First, the Petitions established support from 
domestic producers (or workers) accounting for more than 50 percent of 
the total production of the domestic like product and, as such, the 
Department is not required to take further action in order to evaluate 
industry support (e.g., polling).\19\ Second, the domestic producers 
(or workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petitions account for at least 25 percent of 
the total production of the domestic like product.\20\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(c)(4)(A)(ii) of the Act because the 
domestic producers (or workers) who support the Petitions account for 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to, the Petitions.\21\ Accordingly, the Department 
determines that the Petitions were filed on behalf of the domestic 
industry within the meaning of section 732(b)(1) of the Act.
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    \18\ See India AD Initiation Checklist and PRC AD Initiation 
Checklist, at Attachment II.
    \19\ See section 732(c)(4)(D) of the Act; see also India AD 
Initiation Checklist and PRC AD Initiation Checklist, at Attachment 
II.
    \20\ See India AD Initiation Checklist and PRC AD Initiation 
Checklist, at Attachment II.
    \21\ Id.
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    The Department finds that the petitioners filed the Petitions on 
behalf of the domestic industry because they are interested parties as 
defined in sections 771(9)(C) and (F) of the Act and they have 
demonstrated sufficient industry support with respect to the AD 
investigations that they are requesting that the Department 
initiate.\22\
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    \22\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioners allege that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\23\
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    \23\ See Volume I of the Petitions, at 19-20 and Exhibit I-8.
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    The petitioners contend that the industry's injured condition is 
illustrated by reduced market share; underselling and price suppression 
or depression; lost sales and revenues; and declining financial 
performance.\24\ We have assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, and 
causation, and we have determined that these allegations are properly 
supported by adequate evidence, and meet the statutory requirements for 
initiation.\25\
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    \24\ See Volume I of the Petitions, at 9-32 and Exhibits I-4, I-
8, and I-10.
    \25\ See PRC AD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Stainless Steel Flanges from the People's Republic of China 
and India (Attachment III); and India AD Initiation Checklist, at 
Attachment III.
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value upon which the Department based its decision to 
initiate AD investigations of imports of stainless steel flanges from 
India and the PRC. The sources of data for the deductions and 
adjustments relating to U.S. price and NV are discussed in greater 
detail in the country-specific initiation checklists.

Export Price

    For India, the petitioners based the U.S. price on export price 
(EP) using sales of stainless steel flanges produced in and exported 
from India to an unaffiliated U.S. customer.\26\ For the PRC, the 
petitioners based U.S. price on EP using price quotes for sales of 
stainless steel flanges produced in and exported from the PRC to 
unaffiliated U.S. customers.\27\ Where applicable, the petitioners made 
deductions from U.S. price for movement and other expenses, consistent 
with the terms of sale.\28\
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    \26\ See India AD Initiation Checklist.
    \27\ See PRC AD Initiation Checklist.
    \28\ See PRC AD Initiation Checklist and India AD Initiation 
Checklist.
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Normal Value

    For India, the petitioners provided home market price information 
for stainless steel flanges produced in, and sold or offered for sale 
in India.\29\ The petitioners provided a declaration establishing the 
terms of sale.\30\ Because the prices were provided on an ex-works 
basis, the petitioners did not make any deductions.\31\
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    \29\ See India AD Initiation Checklist.
    \30\ Id.
    \31\ Id.
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    With respect to the PRC, the petitioners stated that the Department 
has found this country to be a non-market economy (NME) country in 
prior administrative proceedings in which they were involved.\32\ In 
accordance with section 771(18)(C)(i) of the Act, the presumption of 
NME status remains in effect until revoked by the Department. The 
presumption of NME status for the PRC has not been revoked by the 
Department and, therefore, remains in effect for purposes of the 
initiation of this investigation. Accordingly, NV in the PRC is 
appropriately based on factors of production (FOPs) valued in a 
surrogate market economy country, in accordance with section 773(c) of 
the Act.\33\ In the course of this investigation, all parties, and the 
public, will have the opportunity to provide relevant information 
related to the granting of separate rates to individual exporters.
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    \32\ See Volume II of the Petitions, at 10-11.
    \33\ See PRC AD Initiation Checklist.
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    The petitioners claim that Thailand is an appropriate surrogate 
country for the PRC, because it is a market economy country that is at 
a level of economic development comparable to that of the PRC, it is a 
significant producer of comparable merchandise, and public information 
from Thailand is available to value all material input factors.\34\ 
Based on the information provided by the petitioners, we determine that 
it is appropriate to use Thailand as a surrogate country for initiation 
purposes.
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    \34\ See Volume II of the Petitions at 13-20 and Exhibit AD-CH-
21.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection

[[Page 42652]]

and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an 
opportunity to submit publicly available information to value FOPs no 
later than 30 days before the scheduled date of the preliminary 
determination.

Factors of Production

    Because information regarding the volume of inputs consumed by the 
PRC producers/exporters is not available, the petitioners relied on the 
production experience of a domestic producer of stainless steel flanges 
in the United States as an estimate of PRC manufacturers' FOPs.\35\ The 
petitioners valued the estimated FOPs using surrogate values from 
Thailand.\36\ Additionally, for the surrogate values denominated in 
Thai Baht, the petitioners converted Thai Baht prices into U.S. Dollars 
using the average exchange rate obtained from the Department.\37\
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    \35\ See Volume II of the Petitions at 13-14 and Exhibit AD-CH-
19.
    \36\ See Volume II of the Petitions at 1, 10 and Exhibit AD-CH-
21.
    \37\ See Volume II of the Petitions at 17 and Exhibit AD-CH-20; 
see also PRC AD Supplemental Response, at 4-5 and Exhibits AD-CH-
Supp-6, AD-CH-Supp-8, and AD-CH-Supp-9.
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Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of stainless steel flanges from the PRC and India 
are being, or are likely to be, sold in the United States at less than 
fair value. Based on comparisons of EP to NV in accordance with 
sections 772 and 773 of the Act, the estimated dumping margins for 
stainless steel flanges for each of the countries covered by this 
initiation are as follows: (1) PRC--99.23 to 257.11 percent; \38\ and 
(2) India--78.49 to 145.25 \39\ percent.
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    \38\ See PRC AD Initiation Checklist.
    \39\ See India AD Initiation Checklist.
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Initiation of Less-Than-Fair-Value Investigations

    Based upon the examination of the AD Petitions, we find that the 
Petitions meet the requirements of section 732 of the Act. Therefore, 
we are initiating AD investigations to determine whether imports of 
stainless steel flanges from the PRC and India are being, or are likely 
to be, sold in the United States at less than fair value. In accordance 
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determinations no later than 
140 days after the date of this initiation.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD law were made.\40\ The 2015 law does not 
specify dates of application for those amendments. On August 6, 2015, 
the Department published an interpretative rule, in which it announced 
the applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\41\ The amendments to 
sections 771(15), 773, 776, and 782 of the Act are applicable to all 
determinations made on or after August 6, 2015, and, therefore, apply 
to these AD investigations.\42\
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    \40\ See Trade Preferences Extension Act of 2015, Pub. L. 114-
27, 129 Stat. 362 (2015).
    \41\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015).
    \42\ Id. at 46794-95. The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Respondent Selection

    The petitioners named 43 companies in India as producers/exporters 
of stainless steel flanges.\43\ Following standard practice in AD 
investigations involving market economy countries, in the event the 
Department determines that the number of companies in India identified 
above is large, the Department intends to review U.S. Customs and 
Border Protection (CBP) data for U.S. imports of stainless steel 
flanges during the POI under the appropriate Harmonized Tariff Schedule 
of the United States subheadings, and if it determines that it cannot 
individually examine each company based upon the Department's 
resources, then the Department will select respondents based on that 
data.
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    \43\ See India AD Supplemental Response, at Exhibit I-Supp-2.
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    On August 31, 2017, the Department released CBP data under 
Administrative Protective Order (APO) to all parties with access to 
information protected by APO and indicated that interested parties 
wishing to comment regarding the CBP data and respondent selection must 
do so within three business days of the publication date of the notice 
of initiation of this AD investigation.\44\ The Department will not 
accept rebuttal comments regarding the CBP data or respondent 
selection. Interested parties must submit applications for disclosure 
under APO in accordance with 19 CFR 351.305(b). Instructions for filing 
such applications may be found on the Department's Web site at http://enforcement.trade.gov/apo. Comments for this investigation must be 
filed electronically using ACCESS. An electronically-filed document 
must be received successfully in its entirety by the Department's 
electronic records system, ACCESS, by 5:00 p.m. ET, by the date noted 
above. We intend to finalize our decision regarding respondent 
selection within 20 days of publication of this notice.
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    \44\ See Memorandum, ``Stainless Steel Flanges from India 
Antidumping Duty Petition: Release of Customs Data from U.S. Customs 
and Border Protection,'' dated, August 31, 2017.
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    With respect to the PRC, the petitioners named 80 producers/
exporters of stainless steel flanges from the PRC.\45\ In accordance 
with our standard practice for respondent selection in AD cases 
involving NME countries, we intend to issue quantity and value (Q&V) 
questionnaires to producers/exporters of merchandise subject to this 
investigation and, if necessary, base respondent selection on the 
responses received. For this NME investigation, the Department will 
request Q&V information from known exporters and producers identified 
with complete contact information in the Petitions. In addition, the 
Department will post the Q&V questionnaires along with filing 
instructions on Enforcement and Compliance's Web site at http://www.trade.gov/enforcement/news.asp.
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    \45\ Though the petitioners listed 84 ``known producers of 
stainless steel flanges from the PRC'' in Volume I of the Petition 
at Exhibit I-7, they clarified in the Supplement Response to Volume 
I of the Petitions at 1 and Exhibit I-Supp-2 that ``publicly 
available information {shows{time}  that Vinox Manufacturing Co., 
Ltd and Yih Kuang Metal Corp. have manufacturing facilities in 
China. At this time, the petitioners do not have information 
indicating that the other Taiwanese entities are affiliated with 
producers or exporters in China. Accordingly, the petitioners have 
removed these entities from the revised list of foreign producers 
and exporters.''
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    Producers/exporters of stainless steel flanges from the PRC that do 
not receive Q&V questionnaires by mail may still submit a response to 
the Q&V questionnaire and can obtain a copy of the Q&V questionnaire 
from Enforcement & Compliance's Web site. The Q&V response must be 
submitted by the relevant PRC exporters/producers no later than 5:00 
p.m. ET on September 19, 2017. All Q&V responses must be filed 
electronically via ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\46\ 
The specific requirements for submitting a separate-rate application in 
the PRC investigations

[[Page 42653]]

are outlined in detail in the application itself, which is available on 
the Department's Web site at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days after 
publication of this initiation notice.\47\ Exporters and producers who 
submit a separate-rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate-rate status 
only if they timely respond to all parts of the Department's AD 
questionnaire as mandatory respondents. The Department requires that 
companies from the PRC submit a response to both the Q&V questionnaire 
and the separate-rate application by the respective deadlines in order 
to receive consideration for separate-rate status. Companies not filing 
a timely Q&V response will not receive separate-rate consideration.
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    \46\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \47\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    The Department will calculate combination rates for certain 
respondents that are eligible for a separate rate in an NME 
investigation. The Separate Rates and Combination Rates Bulletin 
states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\48\
---------------------------------------------------------------------------

    \48\ See Policy Bulletin 05.1 at 6 (emphasis added).
---------------------------------------------------------------------------

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of the PRC and India via ACCESS. To the 
extent practicable, we will attempt to provide a copy of the public 
version of the Petitions to each exporter named in the Petitions, as 
provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of stainless steel flanges from the PRC and 
India, are materially injuring or threatening material injury to a U.S. 
industry.\49\ A negative ITC determination for any country will result 
in the investigation being terminated with respect to that country.\50\ 
Otherwise, these investigations will proceed according to statutory and 
regulatory time limits.
---------------------------------------------------------------------------

    \49\ See section 773(a) of the Act.
    \50\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) Evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). 19 CFR 351.301(b) requires 
any party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\51\ and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\52\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in these 
investigations.
---------------------------------------------------------------------------

    \51\ See 19 CFR 351.301(b).
    \52\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Parties should review Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\53\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives.\54\ Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided in 19 CFR 351.303(g). 
The Department intends to reject factual submissions if the submitting 
party does not comply with applicable revised certification 
requirements.
---------------------------------------------------------------------------

    \53\ See section 782(b) of the Act.
    \54\ See Certification of Factual Information to Import 
Administration during Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in these investigations 
should ensure

[[Page 42654]]

that they meet the requirements of these procedures (e.g., the filing 
of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: September 5, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The products covered by these investigations are certain forged 
stainless steel flanges, whether unfinished, semi-finished, or 
finished (certain forged stainless steel flanges). Certain forged 
stainless steel flanges are generally manufactured to, but not 
limited to, the material specification of ASTM/ASME A/SA182 or 
comparable domestic or foreign specifications. Certain forged 
stainless steel flanges are made in various grades such as, but not 
limited to, 304, 304L, 316, and 316L (or combinations thereof). The 
term ``stainless steel'' used in this scope refers to an alloy steel 
containing, by actual weight, 1.2 percent or less of carbon and 10.5 
percent or more of chromium, with or without other elements.
    Unfinished stainless steel flanges possess the approximate shape 
of finished stainless steel flanges and have not yet been machined 
to final specification after the initial forging or like operations. 
These machining processes may include, but are not limited to, 
boring, facing, spot facing, drilling, tapering, threading, 
beveling, heating, or compressing. Semi-finished stainless steel 
flanges are unfinished stainless steel flanges that have undergone 
some machining processes.
    The scope includes six general types of flanges. They are: (1) 
Weld neck, generally used in butt-weld line connection; (2) 
threaded, generally used for threaded line connections; (3) slip-on, 
generally used to slide over pipe; (4) lap joint, generally used 
with stub-ends/butt-weld line connections; (5) socket weld, 
generally used to fit pipe into a machine recession; and (6) blind, 
generally used to seal off a line. The sizes and descriptions of the 
flanges within the scope include all pressure classes of ASME B16.5 
and range from one-half inch to twenty-four inches nominal pipe 
size. Specifically excluded from the scope of these orders are cast 
stainless steel flanges. Cast stainless steel flanges generally are 
manufactured to specification ASTM A351.
    The country of origin for certain forged stainless steel 
flanges, whether unfinished, semi-finished, or finished is the 
country where the flange was forged. Subject merchandise includes 
stainless steel flanges as defined above that have been further 
processed in a third country. The processing includes, but is not 
limited to, boring, facing, spot facing, drilling, tapering, 
threading, beveling, heating, or compressing, and/or any other 
processing that would not otherwise remove the merchandise from the 
scope of the investigations if performed in the country of 
manufacture of the stainless steel flanges.
    Merchandise subject to the investigations is typically imported 
under headings 7307.21.1000 and 7307.21.5000 of the Harmonized 
Tariff Schedule of the United States (HTSUS). While HTSUS 
subheadings and ASTM specifications are provided for convenience and 
customs purposes, the written description of the scope is 
dispositive.

[FR Doc. 2017-19294 Filed 9-8-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices                                                        42649

                                                    withdrawal from, for consumption,                       Department) received antidumping duty                     behalf of the domestic industry because
                                                    during the period January 1, 2015,                      (AD) Petitions concerning imports of                      the petitioners are interested parties as
                                                    through December 31, 2015, in                           stainless steel flanges from India and the                defined in sections 771(9)(C) and (F) of
                                                    accordance with 19 CFR                                  People’s Republic of China (PRC), filed                   the Act. The Department also finds that
                                                    351.212(c)(1)(i). The Department                        in proper form on behalf of the Coalition                 the petitioners demonstrated sufficient
                                                    intends to issue appropriate assessment                 of American Flange Producers and its                      industry support with respect to the
                                                    instructions to CBP 15 days after the                   individual members, Core Pipe                             initiation of the AD investigations that
                                                    publication of this notice in the Federal               Products, Inc. and Maass Flange                           the petitioners are requesting.6
                                                    Register.                                               Corporation (collectively, the
                                                                                                            petitioners).1 The AD Petitions were                      Periods of Investigation
                                                    Notification Regarding Administrative                   accompanied by countervailing duty                          Because the Petitions were filed on
                                                    Protection Order                                        (CVD) Petitions concerning imports of                     August 16, 2017, the period of
                                                      This notice serves as a reminder to                   stainless steel flanges from India and the                investigation (POI) for the investigation
                                                    parties subject to administrative                       PRC. The petitioners are domestic                         for India is July 1, 2016, through June
                                                    protective order (APO) of their                         producers of stainless steel flanges.2                    30, 2017. Because the PRC is a non-
                                                    responsibility concerning the return or                   On August 18 and 21, 2017, the                          market economy (NME) country, the
                                                    destruction of proprietary information                  Department requested supplemental                         POI for this investigation is January 1,
                                                    disclosed under APO, in accordance                      information pertaining to certain areas                   2017, through June 30, 2017.
                                                    with 19 CFR 351.305(a)(3). Timely                       of the Petitions.3 The petitioners filed
                                                    written notification of the return or                   responses to these requests on August                     Scope of the Investigations
                                                    destruction of APO materials or the                     22, 2017.4 The petitioners filed revised                     The products covered by these
                                                    conversion to judicial protective order is              scope language on August 30, 2017.5                       investigations are stainless steel flanges
                                                    hereby requested. Failure to comply                       In accordance with section 732(b) of                    from India and the PRC. For a full
                                                    with the regulations and the terms of an                the Tariff Act of 1930, as amended (the                   description of the scope of these
                                                    APO is a sanctionable violation.                        Act), the petitioners allege that imports                 investigations, see the ‘‘Scope of the
                                                      This notice is published in                           of stainless steel flanges from India and                 Investigations,’’ in the Appendix to this
                                                    accordance with section 751 of the Act                  the PRC are likely to be sold in the                      notice.
                                                    and 19 CFR 351.213(d)(4).                               United States at less than fair value
                                                                                                            within the meaning of section 731 of the                  Comments on Scope of the
                                                      Dated: September 1, 2017.                                                                                       Investigations
                                                                                                            Act, and that such imports are
                                                    Gary Taverman,                                          materially injuring, or threatening
                                                    Deputy Assistant Secretary for Antidumping
                                                                                                                                                                         During our review of the Petitions, the
                                                                                                            material injury to, the domestic industry                 Department issued questions to, and
                                                    and Countervailing Duty Operations,                     producing stainless steel flanges in the
                                                    performing the non-exclusive functions and                                                                        received responses from, the petitioners
                                                                                                            United States. Also, consistent with                      pertaining to the proposed scope to
                                                    duties of the Assistant Secretary for
                                                    Enforcement and Compliance.
                                                                                                            section 732(b)(1) of the Act, the                         ensure that the scope language in the
                                                                                                            Petitions are accompanied by                              Petitions would be an accurate
                                                    [FR Doc. 2017–19169 Filed 9–8–17; 8:45 am]
                                                                                                            information reasonably available to the                   reflection of the products for which the
                                                    BILLING CODE 3510–DS–P
                                                                                                            petitioners supporting their allegations.                 domestic industry is seeking relief.7
                                                                                                              The Department finds that the
                                                                                                            petitioners filed these Petitions on                         As discussed in the preamble to the
                                                    DEPARTMENT OF COMMERCE                                                                                            Department’s regulations, we are setting
                                                                                                               1 See Letter to the Secretary of Commerce re:          aside a period for interested parties to
                                                    International Trade Administration                      ‘‘Stainless Steel Flanges from the People’s Republic      raise issues regarding product coverage
                                                                                                            of China and India: Petitions for the Imposition of       (scope).8 The Department will consider
                                                    [A–533–877, A–570–064]                                  Antidumping and Countervailing Duties’’ (August
                                                                                                            16, 2017) (the Petitions).
                                                                                                                                                                      all comments received from interested
                                                    Stainless Steel Flanges From India and                     2 See Volume I of the Petitions, at 2.                 parties and, if necessary, will consult
                                                    the People’s Republic of China:                            3 See Letters from the Department, to the              with interested parties prior to the
                                                    Initiation of Less-Than-Fair-Value                      petitioners, dated August 18, 2017.                       issuance of the preliminary
                                                                                                               4 See Letter from the petitioners, ‘‘Re: Stainless
                                                    Investigations                                                                                                    determinations. If scope comments
                                                                                                            Steel Flanges from the People’s Republic of China
                                                                                                            and India: Supplement to the Petitions for the
                                                                                                                                                                      include factual information,9 all such
                                                    AGENCY:  Enforcement and Compliance,                                                                              factual information should be limited to
                                                                                                            Imposition of Antidumping and Countervailing
                                                    International Trade Administration,                     Duties—Response to the Department’s                       public information. To facilitate
                                                    Department of Commerce.                                 Supplemental Questions, Volume I Relating to              preparation of its questionnaires, the
                                                                                                            Common Issues and Injury;’’ (August 22, 2017)
                                                    DATES:   Effective September 11, 2017.                  (General Issues Supplement); see also Stainless           Department requests all interested
                                                    FOR FURTHER INFORMATION CONTACT:                        Steel Flanges from the People’s Republic of China         parties to submit such comments by
                                                    Annathea Cook at (202) 482–0250                         and India: Supplement to the Petitions for the            5:00 p.m. Eastern Time (ET) on Monday,
                                                                                                            Imposition of Antidumping and Countervailing
                                                    (India) and Kenneth Hawkins at (202)                    Duties—Response to the Department’s
                                                                                                                                                                      September 25, 2017, which is 20
                                                    482–6491 (the People’s Republic of                      Supplemental Questions, Volume IV Relating to             calendar days from the signature date of
                                                    China), AD/CVD Operations,                              India (India AD Supplemental Response); and               this notice. Any rebuttal comments,
                                                                                                            Stainless Steel Flanges from the People’s Republic        which may include factual information,
                                                    Enforcement and Compliance,                             of China and India: Supplement to the Petitions for
                                                    International Trade Administration,                                                                               must be filed by 5:00 p.m. ET on
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            the Imposition of Antidumping and Countervailing
                                                    U.S. Department of Commerce, 1401                       Duties—Response to the Department’s                       Thursday, October 5, 2017, which is 10
                                                    Constitution Avenue NW., Washington,                    Supplemental Questions, Volume II Relating to
                                                                                                            China (PRC AD Supplemental Response). All of
                                                    DC 20230.                                               these documents are dated August 22, 2017.
                                                                                                                                                                        6 See the ‘‘Determination of Industry Support for

                                                                                                                                                                      the Petitions’’ section, below.
                                                    SUPPLEMENTARY INFORMATION:                                 5 See Letter from the petitioners, ‘‘Stainless Steel
                                                                                                                                                                        7 See Attachment to the Scope Supplement.
                                                                                                            Flanges from the People’s Republic of China and
                                                    The Petitions                                           India: Supplement to the Petitions for the                  8 See Antidumping Duties; Countervailing Duties,

                                                                                                            Imposition of Antidumping and Countervailing              Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                      On August 16, 2017, the U.S.                          Duties-Revision to Scope,’’ dated August 30, 2017           9 See 19 CFR 351.102(b)(21) (defining ‘‘factual

                                                    Department of Commerce (the                             (Scope Supplement).                                       information’’).



                                               VerDate Sep<11>2014   16:34 Sep 08, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703    E:\FR\FM\11SEN1.SGM     11SEN1


                                                    42650                     Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices

                                                    calendar days from the initial comments                    Interested parties may provide any                 industry support using a statistically
                                                    deadline.10 11                                          information or comments that they feel                valid sampling method to poll the
                                                      The Department requests that any                      are relevant to the development of an                 ‘‘industry.’’
                                                    factual information the parties consider                accurate list of physical characteristics.               Section 771(4)(A) of the Act defines
                                                    relevant to the scope of the                            Specifically, they may provide                        the ‘‘industry’’ as the producers as a
                                                    investigations be submitted during this                 comments as to which characteristics                  whole of a domestic like product. Thus,
                                                    time period. However, if a party                        are appropriate to use as: (1) General                to determine whether a petition has the
                                                    subsequently finds that additional                      product characteristics and (2) product-              requisite industry support, the statute
                                                    factual information pertaining to the                   comparison criteria. We note that it is               directs the Department to look to
                                                    scope of the investigations may be                      not always appropriate to use all                     producers and workers who produce the
                                                    relevant, the party may contact the                     product characteristics as product-                   domestic like product. The International
                                                    Department and request permission to                    comparison criteria. We base product-                 Trade Commission (ITC), which is
                                                    submit the additional information. All                  comparison criteria on meaningful                     responsible for determining whether
                                                    such comments must be filed on the                      commercial differences among products.                ‘‘the domestic industry’’ has been
                                                    records of each of the concurrent AD                    In other words, although there may be                 injured, must also determine what
                                                    and CVD investigations.                                 some physical product characteristics                 constitutes a domestic like product in
                                                                                                            utilized by manufacturers to describe                 order to define the industry. While both
                                                    Filing Requirements                                     stainless steel flanges, it may be that               the Department and the ITC must apply
                                                                                                            only a select few product characteristics             the same statutory definition regarding
                                                       All submissions to the Department
                                                                                                            take into account commercially                        the domestic like product,13 they do so
                                                    must be filed electronically using
                                                                                                            meaningful physical characteristics. In               for different purposes and pursuant to a
                                                    Enforcement and Compliance’s
                                                                                                            addition, interested parties may                      separate and distinct authority. In
                                                    Antidumping Duty and Countervailing
                                                                                                            comment on the order in which the                     addition, the Department’s
                                                    Duty Centralized Electronic Service
                                                                                                            physical characteristics should be used               determination is subject to limitations of
                                                    System (ACCESS).12 An electronically
                                                                                                            in matching products. Generally, the                  time and information. Although this
                                                    filed document must be received                                                                               may result in different definitions of the
                                                                                                            Department attempts to list the most
                                                    successfully in its entirety by the time                                                                      like product, such differences do not
                                                                                                            important physical characteristics first
                                                    and date it is due. Documents exempted                                                                        render the decision of either agency
                                                                                                            and the least important characteristics
                                                    from the electronic submission                                                                                contrary to law.14
                                                                                                            last.
                                                    requirements must be filed manually                        In order to consider the suggestions of               Section 771(10) of the Act defines the
                                                    (i.e., in paper form) with Enforcement                  interested parties in developing and                  domestic like product as ‘‘a product
                                                    and Compliance’s APO/Dockets Unit,                      issuing the AD questionnaires, all                    which is like, or in the absence of like,
                                                    Room 18022, U.S. Department of                          product characteristics comments must                 most similar in characteristics and uses
                                                    Commerce, 1401 Constitution Avenue                      be filed by 5:00 p.m. ET on September                 with, the article subject to an
                                                    NW., Washington, DC 20230, and                          25, 2017. Any rebuttal comments must                  investigation under this title.’’ Thus, the
                                                    stamped with the date and time of                       be filed by 5:00 p.m. ET on October 5,                reference point from which the
                                                    receipt by the applicable deadlines.                    2017. All comments and submissions to                 domestic like product analysis begins is
                                                    Comments on Product Characteristics                     the Department must be filed                          ‘‘the article subject to an investigation’’
                                                    for AD Questionnaires                                   electronically using ACCESS, as                       (i.e., the class or kind of merchandise to
                                                                                                            explained above, on the records of India              be investigated, which normally will be
                                                      The Department will provide                           and the PRC less-than-fair-value                      the scope as defined in the Petitions).
                                                    interested parties an opportunity to                    investigations.                                          With regard to the domestic like
                                                    comment on the appropriate physical                                                                           product, the petitioners do not offer a
                                                    characteristics of stainless steel flanges              Determination of Industry Support for
                                                                                                                                                                  definition of the domestic like product
                                                    to be reported in response to the                       the Petitions
                                                                                                                                                                  distinct from the scope of the
                                                    Department’s AD questionnaires. This                      Section 732(b)(1) of the Act requires               investigations. Based on our analysis of
                                                    information will be used to identify the                that a petition be filed on behalf of the             the information submitted on the
                                                    key physical characteristics of the                     domestic industry. Section 732(c)(4)(A)               record, we have determined that
                                                    merchandise under consideration in                      of the Act provides that a petition meets             stainless steel flanges, as defined in the
                                                    order to report the relevant costs of                   this requirement if the domestic                      scope, constitute a single domestic like
                                                    production accurately as well as to                     producers or workers who support the                  product, and we have analyzed industry
                                                    develop appropriate product-                            petition account for: (i) At least 25                 support in terms of that domestic like
                                                    comparison criteria.                                    percent of the total production of the                product.15
                                                                                                            domestic like product; and (ii) more
                                                      10 See  19 CFR 351.303(b).                            than 50 percent of the production of the                13 See  section 771(10) of the Act.
                                                      11 See  Notice of Clarification: Application of       domestic like product produced by that                  14 See  USEC, Inc. v. United States, 132 F. Supp.
                                                    ‘‘Next Business Day’’ Rule for Administrative           portion of the industry expressing                    2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
                                                    Determination Deadlines Pursuant to the Tariff Act      support for, or opposition to, the                    v. United States, 688 F. Supp. 639, 644 (CIT 1988),
                                                    of 1930, As Amended, 70 FR 24533 (May 10, 2005).                                                              aff’d 865 F.2d 240 (Fed. Cir. 1989)).
                                                       12 See Antidumping and Countervailing Duty           petition. Moreover, section 732(c)(4)(D)                 15 For a discussion of the domestic like product

                                                    Proceedings: Electronic Filing Procedures;              of the Act provides that, if the petition             analysis as applied to these cases and information
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Administrative Protective Order Procedures, 76 FR       does not establish support of domestic                regarding industry support, see Antidumping Duty
                                                    39263 (July 6, 2011); see also Enforcement and          producers or workers accounting for                   Investigation Initiation Checklist: Stainless Steel
                                                    Compliance; Change of Electronic Filing System                                                                Flanges from India (India AD Initiation Checklist),
                                                    Name, 79 FR 69046 (November 20, 2014) for details
                                                                                                            more than 50 percent of the total                     at Attachment II, ‘‘Analysis of Industry Support for
                                                    of the Department’s electronic filing requirements,     production of the domestic like product,              the Antidumping and Countervailing Duty Petitions
                                                    which went into effect on August 5, 2011.               the Department shall: (i) Poll the                    Covering Stainless Steel Flanges from India and the
                                                    Information on help using ACCESS can be found at        industry or rely on other information in              People’s Republic of China’’ (Attachment II); see
                                                    https://access.trade.gov/help.aspx and a handbook                                                             also Antidumping Duty Investigation Initiation
                                                    can be found at https://access.trade.gov/help/
                                                                                                            order to determine if there is support for            Checklist: Stainless Steel Flanges from the People’s
                                                    Handbook%20on%20Electronic%20Filling%20                 the petition, as required by                          Republic of China (PRC AD Initiation Checklist), at
                                                    Procedures.pdf.                                         subparagraph (A); or (ii) determine                   Attachment II. These checklists are dated



                                               VerDate Sep<11>2014   16:34 Sep 08, 2017   Jkt 241001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\11SEN1.SGM     11SEN1


                                                                              Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices                                                     42651

                                                       In determining whether the                           domestic industry within the meaning                    PRC, the petitioners based U.S. price on
                                                    petitioners have standing under section                 of section 732(b)(1) of the Act.                        EP using price quotes for sales of
                                                    732(c)(4)(A) of the Act, we considered                    The Department finds that the                         stainless steel flanges produced in and
                                                    the industry support data contained in                  petitioners filed the Petitions on behalf               exported from the PRC to unaffiliated
                                                    the Petitions with reference to the                     of the domestic industry because they                   U.S. customers.27 Where applicable, the
                                                    domestic like product as defined in the                 are interested parties as defined in                    petitioners made deductions from U.S.
                                                    ‘‘Scope of the Investigations,’’ in the                 sections 771(9)(C) and (F) of the Act and               price for movement and other expenses,
                                                    Appendix to this notice. The petitioners                they have demonstrated sufficient                       consistent with the terms of sale.28
                                                    provided their own 2016 production of                   industry support with respect to the AD
                                                                                                                                                                    Normal Value
                                                    the domestic like product, and                          investigations that they are requesting
                                                                                                            that the Department initiate.22                            For India, the petitioners provided
                                                    compared this to the estimated total
                                                                                                                                                                    home market price information for
                                                    production of the domestic like product                 Allegations and Evidence of Material                    stainless steel flanges produced in, and
                                                    for the entire domestic industry.16 We                  Injury and Causation                                    sold or offered for sale in India.29 The
                                                    relied on data the petitioners provided                                                                         petitioners provided a declaration
                                                                                                               The petitioners allege that the U.S.
                                                    for purposes of measuring industry                      industry producing the domestic like                    establishing the terms of sale.30 Because
                                                    support.17                                              product is being materially injured, or is              the prices were provided on an ex-
                                                       Our review of the data provided in the               threatened with material injury, by                     works basis, the petitioners did not
                                                    Petitions, General Issues Supplement,                   reason of the imports of the subject                    make any deductions.31
                                                    and other information readily available                 merchandise sold at less than normal                       With respect to the PRC, the
                                                    to the Department indicates that the                    value (NV). In addition, the petitioners                petitioners stated that the Department
                                                    petitioners have established industry                   allege that subject imports exceed the                  has found this country to be a non-
                                                    support for the Petitions.18 First, the                 negligibility threshold provided for                    market economy (NME) country in prior
                                                    Petitions established support from                      under section 771(24)(A) of the Act.23                  administrative proceedings in which
                                                    domestic producers (or workers)                            The petitioners contend that the                     they were involved.32 In accordance
                                                    accounting for more than 50 percent of                  industry’s injured condition is                         with section 771(18)(C)(i) of the Act, the
                                                    the total production of the domestic like               illustrated by reduced market share;                    presumption of NME status remains in
                                                    product and, as such, the Department is                 underselling and price suppression or                   effect until revoked by the Department.
                                                    not required to take further action in                  depression; lost sales and revenues; and                The presumption of NME status for the
                                                    order to evaluate industry support (e.g.,               declining financial performance.24 We                   PRC has not been revoked by the
                                                    polling).19 Second, the domestic                        have assessed the allegations and                       Department and, therefore, remains in
                                                    producers (or workers) have met the                     supporting evidence regarding material                  effect for purposes of the initiation of
                                                    statutory criteria for industry support                 injury, threat of material injury, and                  this investigation. Accordingly, NV in
                                                    under section 732(c)(4)(A)(i) of the Act                causation, and we have determined that                  the PRC is appropriately based on
                                                    because the domestic producers (or                      these allegations are properly supported                factors of production (FOPs) valued in
                                                    workers) who support the Petitions                      by adequate evidence, and meet the                      a surrogate market economy country, in
                                                    account for at least 25 percent of the                  statutory requirements for initiation.25                accordance with section 773(c) of the
                                                                                                                                                                    Act.33 In the course of this investigation,
                                                    total production of the domestic like                   Allegations of Sales at Less Than Fair                  all parties, and the public, will have the
                                                    product.20 Finally, the domestic                        Value                                                   opportunity to provide relevant
                                                    producers (or workers) have met the                        The following is a description of the                information related to the granting of
                                                    statutory criteria for industry support                 allegations of sales at less than fair value            separate rates to individual exporters.
                                                    under section 732(c)(4)(A)(ii) of the Act               upon which the Department based its                        The petitioners claim that Thailand is
                                                    because the domestic producers (or                      decision to initiate AD investigations of               an appropriate surrogate country for the
                                                    workers) who support the Petitions                      imports of stainless steel flanges from                 PRC, because it is a market economy
                                                    account for more than 50 percent of the                 India and the PRC. The sources of data                  country that is at a level of economic
                                                    production of the domestic like product                 for the deductions and adjustments                      development comparable to that of the
                                                    produced by that portion of the industry                relating to U.S. price and NV are                       PRC, it is a significant producer of
                                                    expressing support for, or opposition to,               discussed in greater detail in the                      comparable merchandise, and public
                                                    the Petitions.21 Accordingly, the                       country-specific initiation checklists.                 information from Thailand is available
                                                    Department determines that the                                                                                  to value all material input factors.34
                                                    Petitions were filed on behalf of the                   Export Price
                                                                                                                                                                    Based on the information provided by
                                                                                                              For India, the petitioners based the                  the petitioners, we determine that it is
                                                    concurrently with this notice and on file               U.S. price on export price (EP) using                   appropriate to use Thailand as a
                                                    electronically via ACCESS. Access to documents          sales of stainless steel flanges produced
                                                    filed via ACCESS is also available in the Central
                                                                                                                                                                    surrogate country for initiation
                                                    Records Unit, Room B8024 of the main Department         in and exported from India to an                        purposes.
                                                    of Commerce building.                                   unaffiliated U.S. customer.26 For the                      Interested parties will have the
                                                       16 See Volume I of the Petitions, at 2–3 and
                                                                                                                                                                    opportunity to submit comments
                                                    Exhibit I–3; see also General Issues Supplement, at       22 Id.
                                                                                                                                                                    regarding surrogate country selection
                                                    6–7.                                                       23 See Volume I of the Petitions, at 19–20 and
                                                       17 Id. For further discussion, see India AD
                                                                                                            Exhibit I–8.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                      27 See PRC AD Initiation Checklist.
                                                    Initiation Checklist and PRC AD Initiation                 24 See Volume I of the Petitions, at 9–32 and
                                                                                                                                                                      28 See PRC AD Initiation Checklist and India AD
                                                    Checklist, at Attachment II.                            Exhibits I–4, I–8, and I–10.
                                                       18 See India AD Initiation Checklist and PRC AD         25 See PRC AD Initiation Checklist, at Attachment
                                                                                                                                                                    Initiation Checklist.
                                                                                                                                                                      29 See India AD Initiation Checklist.
                                                    Initiation Checklist, at Attachment II.                 III, Analysis of Allegations and Evidence of Material
                                                       19 See section 732(c)(4)(D) of the Act; see also                                                               30 Id.
                                                                                                            Injury and Causation for the Antidumping and
                                                                                                                                                                      31 Id.
                                                    India AD Initiation Checklist and PRC AD Initiation     Countervailing Duty Petitions Covering Stainless
                                                    Checklist, at Attachment II.                            Steel Flanges from the People’s Republic of China         32 See Volume II of the Petitions, at 10–11.
                                                       20 See India AD Initiation Checklist and PRC AD      and India (Attachment III); and India AD Initiation       33 See PRC AD Initiation Checklist.

                                                    Initiation Checklist, at Attachment II.                 Checklist, at Attachment III.                             34 See Volume II of the Petitions at 13–20 and
                                                       21 Id.                                                  26 See India AD Initiation Checklist.                Exhibit AD–CH–21.



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                                                    42652                      Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices

                                                    and, pursuant to 19 CFR                                 amendments to the AD and CVD law                      enforcement.trade.gov/apo. Comments
                                                    351.301(c)(3)(i), will be provided an                   were made.40 The 2015 law does not                    for this investigation must be filed
                                                    opportunity to submit publicly available                specify dates of application for those                electronically using ACCESS. An
                                                    information to value FOPs no later than                 amendments. On August 6, 2015, the                    electronically-filed document must be
                                                    30 days before the scheduled date of the                Department published an interpretative                received successfully in its entirety by
                                                    preliminary determination.                              rule, in which it announced the                       the Department’s electronic records
                                                                                                            applicability dates for each amendment                system, ACCESS, by 5:00 p.m. ET, by
                                                    Factors of Production                                   to the Act, except for amendments                     the date noted above. We intend to
                                                      Because information regarding the                     contained in section 771(7) of the Act,               finalize our decision regarding
                                                    volume of inputs consumed by the PRC                    which relate to determinations of                     respondent selection within 20 days of
                                                    producers/exporters is not available, the               material injury by the ITC.41 The                     publication of this notice.
                                                    petitioners relied on the production                    amendments to sections 771(15), 773,                     With respect to the PRC, the
                                                    experience of a domestic producer of                    776, and 782 of the Act are applicable                petitioners named 80 producers/
                                                    stainless steel flanges in the United                   to all determinations made on or after                exporters of stainless steel flanges from
                                                    States as an estimate of PRC                            August 6, 2015, and, therefore, apply to              the PRC.45 In accordance with our
                                                    manufacturers’ FOPs.35 The petitioners                  these AD investigations.42                            standard practice for respondent
                                                    valued the estimated FOPs using                                                                               selection in AD cases involving NME
                                                                                                            Respondent Selection
                                                    surrogate values from Thailand.36                                                                             countries, we intend to issue quantity
                                                    Additionally, for the surrogate values                    The petitioners named 43 companies                  and value (Q&V) questionnaires to
                                                    denominated in Thai Baht, the                           in India as producers/exporters of                    producers/exporters of merchandise
                                                    petitioners converted Thai Baht prices                  stainless steel flanges.43 Following                  subject to this investigation and, if
                                                    into U.S. Dollars using the average                     standard practice in AD investigations                necessary, base respondent selection on
                                                    exchange rate obtained from the                         involving market economy countries, in                the responses received. For this NME
                                                    Department.37                                           the event the Department determines                   investigation, the Department will
                                                                                                            that the number of companies in India                 request Q&V information from known
                                                    Fair Value Comparisons                                  identified above is large, the Department             exporters and producers identified with
                                                       Based on the data provided by the                    intends to review U.S. Customs and                    complete contact information in the
                                                    petitioners, there is reason to believe                 Border Protection (CBP) data for U.S.                 Petitions. In addition, the Department
                                                    that imports of stainless steel flanges                 imports of stainless steel flanges during             will post the Q&V questionnaires along
                                                    from the PRC and India are being, or are                the POI under the appropriate                         with filing instructions on Enforcement
                                                    likely to be, sold in the United States at              Harmonized Tariff Schedule of the                     and Compliance’s Web site at http://
                                                    less than fair value. Based on                          United States subheadings, and if it                  www.trade.gov/enforcement/news.asp.
                                                    comparisons of EP to NV in accordance                   determines that it cannot individually                   Producers/exporters of stainless steel
                                                    with sections 772 and 773 of the Act,                   examine each company based upon the                   flanges from the PRC that do not receive
                                                    the estimated dumping margins for                       Department’s resources, then the                      Q&V questionnaires by mail may still
                                                    stainless steel flanges for each of the                 Department will select respondents                    submit a response to the Q&V
                                                    countries covered by this initiation are                based on that data.                                   questionnaire and can obtain a copy of
                                                    as follows: (1) PRC—99.23 to 257.11                       On August 31, 2017, the Department                  the Q&V questionnaire from
                                                    percent; 38 and (2) India—78.49 to                      released CBP data under Administrative                Enforcement & Compliance’s Web site.
                                                    145.25 39 percent.                                      Protective Order (APO) to all parties                 The Q&V response must be submitted
                                                                                                            with access to information protected by               by the relevant PRC exporters/producers
                                                    Initiation of Less-Than-Fair-Value                      APO and indicated that interested
                                                    Investigations                                                                                                no later than 5:00 p.m. ET on September
                                                                                                            parties wishing to comment regarding                  19, 2017. All Q&V responses must be
                                                       Based upon the examination of the                    the CBP data and respondent selection                 filed electronically via ACCESS.
                                                    AD Petitions, we find that the Petitions                must do so within three business days
                                                    meet the requirements of section 732 of                 of the publication date of the notice of              Separate Rates
                                                    the Act. Therefore, we are initiating AD                initiation of this AD investigation.44 The              In order to obtain separate-rate status
                                                    investigations to determine whether                     Department will not accept rebuttal                   in an NME investigation, exporters and
                                                    imports of stainless steel flanges from                 comments regarding the CBP data or                    producers must submit a separate-rate
                                                    the PRC and India are being, or are                     respondent selection. Interested parties              application.46 The specific requirements
                                                    likely to be, sold in the United States at              must submit applications for disclosure               for submitting a separate-rate
                                                    less than fair value. In accordance with                under APO in accordance with 19 CFR                   application in the PRC investigations
                                                    section 733(b)(1)(A) of the Act and 19                  351.305(b). Instructions for filing such
                                                    CFR 351.205(b)(1), unless postponed,                    applications may be found on the                         45 Though the petitioners listed 84 ‘‘known

                                                    we will make our preliminary                            Department’s Web site at http://                      producers of stainless steel flanges from the PRC’’
                                                                                                                                                                  in Volume I of the Petition at Exhibit I–7, they
                                                    determinations no later than 140 days                                                                         clarified in the Supplement Response to Volume I
                                                    after the date of this initiation.                         40 See Trade Preferences Extension Act of 2015,
                                                                                                                                                                  of the Petitions at 1 and Exhibit I–Supp–2 that
                                                       Under the Trade Preferences                          Pub. L. 114–27, 129 Stat. 362 (2015).                 ‘‘publicly available information {shows} that Vinox
                                                                                                               41 See Dates of Application of Amendments to the
                                                    Extension Act of 2015, numerous                                                                               Manufacturing Co., Ltd and Yih Kuang Metal Corp.
                                                                                                            Antidumping and Countervailing Duty Laws Made         have manufacturing facilities in China. At this time,
                                                                                                            by the Trade Preferences Extension Act of 2015, 80
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                      35 See Volume II of the Petitions at 13–14 and
                                                                                                                                                                  the petitioners do not have information indicating
                                                                                                            FR 46793 (August 6, 2015).                            that the other Taiwanese entities are affiliated with
                                                    Exhibit AD–CH–19.                                          42 Id. at 46794–95. The 2015 amendments may be
                                                                                                                                                                  producers or exporters in China. Accordingly, the
                                                      36 See Volume II of the Petitions at 1, 10 and
                                                                                                            found at https://www.congress.gov/bill/114th-         petitioners have removed these entities from the
                                                    Exhibit AD–CH–21.                                       congress/house-bill/1295/text/pl.                     revised list of foreign producers and exporters.’’
                                                      37 See Volume II of the Petitions at 17 and Exhibit      43 See India AD Supplemental Response, at             46 See Policy Bulletin 05.1: Separate-Rates
                                                    AD–CH–20; see also PRC AD Supplemental                  Exhibit I–Supp–2.                                     Practice and Application of Combination Rates in
                                                    Response, at 4–5 and Exhibits AD–CH–Supp–6,                44 See Memorandum, ‘‘Stainless Steel Flanges       Antidumping Investigation involving Non-Market
                                                    AD–CH–Supp–8, and AD–CH–Supp–9.                         from India Antidumping Duty Petition: Release of      Economy Countries (April 5, 2005), available at
                                                      38 See PRC AD Initiation Checklist.
                                                                                                            Customs Data from U.S. Customs and Border             http://enforcement.trade.gov/policy/bull05-1.pdf
                                                      39 See India AD Initiation Checklist.                 Protection,’’ dated, August 31, 2017.                 (Policy Bulletin 05.1).



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                                                                               Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices                                                    42653

                                                    are outlined in detail in the application               exporter named in the Petitions, as                     is filed after the expiration of the time
                                                    itself, which is available on the                       provided under 19 CFR 351.203(c)(2).                    limit established under 19 CFR 351.301.
                                                    Department’s Web site at http://                                                                                For submissions that are due from
                                                                                                            ITC Notification
                                                    enforcement.trade.gov/nme/nme-sep-                                                                              multiple parties simultaneously, an
                                                    rate.html. The separate-rate application                  We will notify the ITC of our                         extension request will be considered
                                                    will be due 30 days after publication of                initiation, as required by section 732(d)               untimely if it is filed after 10:00 a.m. ET
                                                    this initiation notice.47 Exporters and                 of the Act.                                             on the due date. Under certain
                                                    producers who submit a separate-rate                    Preliminary Determinations by the ITC                   circumstances, we may elect to specify
                                                    application and have been selected as                                                                           a different time limit by which
                                                    mandatory respondents will be eligible                     The ITC will preliminarily determine,                extension requests will be considered
                                                    for consideration for separate-rate status              within 45 days after the date on which                  untimely for submissions which are due
                                                    only if they timely respond to all parts                the Petitions were filed, whether there                 from multiple parties simultaneously. In
                                                    of the Department’s AD questionnaire as                 is a reasonable indication that imports                 such a case, we will inform parties in
                                                    mandatory respondents. The                              of stainless steel flanges from the PRC                 the letter or memorandum setting forth
                                                    Department requires that companies                      and India, are materially injuring or                   the deadline (including a specified time)
                                                    from the PRC submit a response to both                  threatening material injury to a U.S.                   by which extension requests must be
                                                    the Q&V questionnaire and the separate-                 industry.49 A negative ITC                              filed to be considered timely. An
                                                    rate application by the respective                      determination for any country will                      extension request must be made in a
                                                    deadlines in order to receive                           result in the investigation being                       separate, stand-alone submission; under
                                                    consideration for separate-rate status.                 terminated with respect to that                         limited circumstances we will grant
                                                    Companies not filing a timely Q&V                       country.50 Otherwise, these                             untimely-filed requests for the extension
                                                    response will not receive separate-rate                 investigations will proceed according to                of time limits. Parties should review
                                                    consideration.                                          statutory and regulatory time limits.                   Extension of Time Limits; Final Rule, 78
                                                                                                            Submission of Factual Information                       FR 57790 (September 20, 2013),
                                                    Use of Combination Rates                                                                                        available at http://www.gpo.gov/fdsys/
                                                      The Department will calculate                            Factual information is defined in 19                 pkg/FR-2013-09-20/html/2013-
                                                    combination rates for certain                           CFR 351.102(b)(21) as: (i) Evidence                     22853.htm, prior to submitting factual
                                                    respondents that are eligible for a                     submitted in response to questionnaires;                information in these investigations.
                                                    separate rate in an NME investigation.                  (ii) Evidence submitted in support of
                                                                                                            allegations; (iii) publicly available                   Certification Requirements
                                                    The Separate Rates and Combination
                                                    Rates Bulletin states:                                  information to value factors under 19                     Any party submitting factual
                                                                                                            CFR 351.408(c) or to measure the                        information in an AD or CVD
                                                    {w}hile continuing the practice of assigning
                                                                                                            adequacy of remuneration under 19 CFR                   proceeding must certify to the accuracy
                                                    separate rates only to exporters, all separate
                                                    rates that the Department will now assign in            351.511(a)(2); (iv) evidence placed on                  and completeness of that information.53
                                                    its NME Investigation will be specific to               the record by the Department; and (v)                   Parties are hereby reminded that revised
                                                    those producers that supplied the exporter              evidence other than factual information                 certification requirements are in effect
                                                    during the period of investigation. Note,               described in (i)–(iv). 19 CFR 351.301(b)                for company/government officials, as
                                                    however, that one rate is calculated for the            requires any party, when submitting                     well as their representatives.54
                                                    exporter and all of the producers which                 factual information, to specify under                   Investigations initiated on the basis of
                                                    supplied subject merchandise to it during the           which subsection of 19 CFR                              petitions filed on or after August 16,
                                                    period of investigation. This practice applies          351.102(b)(21) the information is being                 2013, and other segments of any AD or
                                                    both to mandatory respondents receiving an
                                                                                                            submitted 51 and, if the information is                 CVD proceedings initiated on or after
                                                    individually calculated separate rate as well
                                                    as the pool of non-investigated firms                   submitted to rebut, clarify, or correct                 August 16, 2013, should use the formats
                                                    receiving the weighted-average of the                   factual information already on the                      for the revised certifications provided in
                                                    individually calculated rates. This practice is         record, to provide an explanation                       19 CFR 351.303(g). The Department
                                                    referred to as the application of ‘‘combination         identifying the information already on                  intends to reject factual submissions if
                                                    rates’’ because such rates apply to specific            the record that the factual information                 the submitting party does not comply
                                                    combinations of exporters and one or more               seeks to rebut, clarify, or correct.52 Time             with applicable revised certification
                                                    producers. The cash-deposit rate assigned to            limits for the submission of factual                    requirements.
                                                    an exporter will apply only to merchandise              information are addressed in 19 CFR
                                                    both exported by the firm in question and                                                                       Notification to Interested Parties
                                                                                                            351.301, which provides specific time
                                                    produced by a firm that supplied the exporter                                                                     Interested parties must submit
                                                    during the period of investigation.48                   limits based on the type of factual
                                                                                                            information being submitted. Interested                 applications for disclosure under APO
                                                    Distribution of Copies of the Petitions                 parties should review the regulations                   in accordance with 19 CFR 351.305. On
                                                                                                            prior to submitting factual information                 January 22, 2008, the Department
                                                      In accordance with section
                                                                                                            in these investigations.                                published Antidumping and
                                                    732(b)(3)(A) of the Act and 19 CFR
                                                                                                                                                                    Countervailing Duty Proceedings:
                                                    351.202(f), copies of the public version                Extensions of Time Limits                               Documents Submission Procedures;
                                                    of the Petitions have been provided to
                                                                                                              Parties may request an extension of                   APO Procedures, 73 FR 3634 (January
                                                    the governments of the PRC and India
                                                                                                            time limits before the expiration of a                  22, 2008). Parties wishing to participate
                                                    via ACCESS. To the extent practicable,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            time limit established under 19 CFR                     in these investigations should ensure
                                                    we will attempt to provide a copy of the
                                                    public version of the Petitions to each                 351.301, or as otherwise specified by the
                                                                                                            Secretary. In general, an extension                       53 See section 782(b) of the Act.
                                                                                                                                                                      54 See Certification of Factual Information to
                                                      47 Although in past investigations this deadline
                                                                                                            request will be considered untimely if it
                                                                                                                                                                    Import Administration during Antidumping and
                                                    was 60 days, consistent with 19 CFR 351.301(a),                                                                 Countervailing Duty Proceedings, 78 FR 42678 (July
                                                                                                              49 See   section 773(a) of the Act.
                                                    which states that ‘‘the Secretary may request any                                                               17, 2013) (Final Rule); see also frequently asked
                                                                                                              50 Id.
                                                    person to submit factual information at any time                                                                questions regarding the Final Rule, available at
                                                    during a proceeding,’’ this deadline is now 30 days.      51 See   19 CFR 351.301(b).                           http://enforcement.trade.gov/tlei/notices/factual_
                                                      48 See Policy Bulletin 05.1 at 6 (emphasis added).      52 See   19 CFR 351.301(b)(2).                        info_final_rule_FAQ_07172013.pdf.



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                                                    42654                     Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices

                                                    that they meet the requirements of these                remove the merchandise from the scope of                pertaining to certain areas of the
                                                    procedures (e.g., the filing of letters of              the investigations if performed in the country          Petitions.3 The petitioners filed
                                                    appearance as discussed at 19 CFR                       of manufacture of the stainless steel flanges.          responses to these requests on August
                                                                                                               Merchandise subject to the investigations
                                                    351.103(d)).                                            is typically imported under headings                    22, 2017.4 The petitioners filed revised
                                                      This notice is issued and published                   7307.21.1000 and 7307.21.5000 of the                    scope language on August 22, 2017.5
                                                    pursuant to sections 732(c)(2) and 777(i)               Harmonized Tariff Schedule of the United                   In accordance with section 702(b)(1)
                                                    of the Act, and 19 CFR 351.203(c).                      States (HTSUS). While HTSUS subheadings                 of the Tariff Act of 1930, as amended
                                                      Dated: September 5, 2017.                             and ASTM specifications are provided for
                                                                                                            convenience and customs purposes, the                   (the Act), the petitioners allege that the
                                                    Gary Taverman,                                                                                                  Governments of India and the PRC are
                                                                                                            written description of the scope is
                                                    Deputy Assistant Secretary for Antidumping              dispositive.                                            providing countervailable subsidies,
                                                    and Countervailing Duty Operations,                                                                             within the meaning of sections 701 and
                                                                                                            [FR Doc. 2017–19294 Filed 9–8–17; 8:45 am]
                                                    performing the non-exclusive functions and                                                                      771(5) of the Act, to imports of stainless
                                                    duties of the Assistant Secretary for                   BILLING CODE 3510–DS–P
                                                                                                                                                                    steel flanges from India and the PRC,
                                                    Enforcement and Compliance.
                                                                                                                                                                    respectively, and that such imports are
                                                    Appendix                                                DEPARTMENT OF COMMERCE                                  materially injuring, or threatening
                                                    Scope of the Investigations                                                                                     material injury to, the domestic industry
                                                                                                            International Trade Administration                      producing stainless steel flanges in the
                                                       The products covered by these
                                                    investigations are certain forged stainless             [C–533–878; C–570–065]                                  United States. Also, consistent with
                                                    steel flanges, whether unfinished, semi-                                                                        section 702(b)(1) of the Act, for those
                                                    finished, or finished (certain forged stainless         Stainless Steel Flanges From India and                  alleged programs on which we are
                                                    steel flanges). Certain forged stainless steel          the People’s Republic of China:                         initiating a CVD investigation, the
                                                    flanges are generally manufactured to, but              Initiation of Countervailing Duty                       Petitions are accompanied by
                                                    not limited to, the material specification of           Investigations                                          information reasonably available to the
                                                    ASTM/ASME A/SA182 or comparable
                                                                                                                                                                    petitioners supporting their allegations.
                                                    domestic or foreign specifications. Certain             AGENCY:  Enforcement and Compliance,
                                                    forged stainless steel flanges are made in              International Trade Administration,                        The Department finds that the
                                                    various grades such as, but not limited to,             Department of Commerce.                                 petitioners filed these Petitions on
                                                    304, 304L, 316, and 316L (or combinations                                                                       behalf of the domestic industry because
                                                    thereof). The term ‘‘stainless steel’’ used in          DATES: Effective September 11, 2017.
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                    the petitioners are interested parties as
                                                    this scope refers to an alloy steel containing,
                                                    by actual weight, 1.2 percent or less of carbon         Kabir Archuletta at (202) 482–2593;                     defined in sections 771(9)(C) and (F) of
                                                    and 10.5 percent or more of chromium, with              Carrie Bethea at (202) 482–1491 (the                    the Act. The Department also finds that
                                                    or without other elements.                              People’s Republic of China); Ryan                       the petitioners demonstrated sufficient
                                                       Unfinished stainless steel flanges possess           Mullen at (202) 482–5260 (India), AD/                   industry support with respect to the
                                                    the approximate shape of finished stainless
                                                                                                            CVD Operations, Enforcement and
                                                    steel flanges and have not yet been machined                                                                       3 See Letter to the petitioners from the
                                                    to final specification after the initial forging        Compliance, International Trade
                                                                                                                                                                    Department, ‘‘Petition for the Imposition of
                                                    or like operations. These machining                     Administration, U.S. Department of                      Countervailing Duties on Imports of Stainless Steel
                                                    processes may include, but are not limited to,          Commerce, 1401 Constitution Avenue                      Flanges from India: Supplemental Questions’’
                                                    boring, facing, spot facing, drilling, tapering,        NW., Washington, DC 20230.                              (August 18, 2017) (India CVD Supplemental
                                                    threading, beveling, heating, or compressing.                                                                   Questionnaire); see also Letter from the
                                                                                                            SUPPLEMENTARY INFORMATION:                              Department, ‘‘Petition for the Imposition of
                                                    Semi-finished stainless steel flanges are
                                                                                                            The Petitions                                           Antidumping and Countervailing Duties on Imports
                                                    unfinished stainless steel flanges that have
                                                                                                                                                                    of Stainless Steel Flanges from India and the
                                                    undergone some machining processes.                        On August 16, 2017, the U.S.                         People’s Republic of China: Supplemental
                                                       The scope includes six general types of                                                                      Questions’’ (August 28, 2017) (General Issues
                                                                                                            Department of Commerce (the
                                                    flanges. They are: (1) Weld neck, generally                                                                     Supplemental Questionnaire); see also Letter to the
                                                    used in butt-weld line connection; (2)                  Department) received countervailing                     petitioners from the Department ‘‘Petition for the
                                                    threaded, generally used for threaded line              duty (CVD) Petitions concerning                         Imposition of Countervailing Duties on Imports of
                                                    connections; (3) slip-on, generally used to             imports of stainless steel flanges from                 Stainless Steel Flanges from the People’s Republic
                                                    slide over pipe; (4) lap joint, generally used          India and the People’s Republic of                      of China: Supplemental Questions’’ (August 18,
                                                                                                                                                                    2017) (PRC CVD Supplemental Questionnaire).
                                                    with stub-ends/butt-weld line connections;              China (the PRC), filed in proper form on                   4 See Letter to the Secretary of Commerce from
                                                    (5) socket weld, generally used to fit pipe             behalf of the Coalition of American                     the petitioners, ‘‘Stainless Steel Flanges from the
                                                    into a machine recession; and (6) blind,                Flange Producers and its individual                     People’s Republic of China and India: Supplement
                                                    generally used to seal off a line. The sizes            members, Core Pipe Products, Inc., and                  to the Petitions for the Imposition of Antidumping
                                                    and descriptions of the flanges within the                                                                      and Countervailing Duties—Response to the
                                                                                                            Maass Flange Corporation (collectively
                                                    scope include all pressure classes of ASME                                                                      Department’s Supplemental Questions, Volume V
                                                    B16.5 and range from one-half inch to                   ‘‘the petitioners’’). The CVD Petitions                 Relating to India,’’ (August 22, 2017) (India CVD
                                                    twenty-four inches nominal pipe size.                   were accompanied by antidumping duty                    Supplement); see also Letter to the Secretary of
                                                    Specifically excluded from the scope of these           (AD) Petitions concerning imports of                    Commerce from the petitioners, ‘‘Stainless Steel
                                                                                                            stainless steel flanges from both of the                Flanges from the People’s Republic of China and
                                                    orders are cast stainless steel flanges. Cast
                                                                                                                                                                    India: Supplement to the Petitions for the
                                                    stainless steel flanges generally are                   countries listed above.1 The petitioners                Imposition of Antidumping and Countervailing
                                                    manufactured to specification ASTM A351.                are domestic producers of stainless steel               Duties—Response to the Department’s
                                                       The country of origin for certain forged             flanges.2                                               Supplemental Questions, Volume I Relating to
                                                    stainless steel flanges, whether unfinished,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                               On August 18, 2017, the Department                   Common Issues and Injury (August 22, 2017)
                                                    semi-finished, or finished is the country                                                                       (General Issues Supplement); see also Letter to the
                                                                                                            requested supplemental information                      Secretary of Commerce from the petitioners,
                                                    where the flange was forged. Subject
                                                    merchandise includes stainless steel flanges                                                                    ‘‘Stainless Steel Flanges from the People’s Republic
                                                                                                              1 See Letter to the Secretary of Commerce from        of China and India: Supplement to the Petitions for
                                                    as defined above that have been further
                                                                                                            the petitioner re: ‘‘Stainless Steel Flanges from the   the Imposition of Antidumping and Countervailing
                                                    processed in a third country. The processing            People’s Republic of China and India: Petitions for     Duties—Response to the Department’s
                                                    includes, but is not limited to, boring, facing,        the Imposition of Antidumping and Countervailing        Supplemental Questions, Volume III Relating to
                                                    spot facing, drilling, tapering, threading,             Duties’’ (August 16, 2017) (the Petitions).             China,’’ (August 22, 2017) (PRC CVD Supplement).
                                                    beveling, heating, or compressing, and/or any             2 Id., Volume I of the Petitions, at 1 and Exhibit       5 See General Issues Supplement at Exhibit I-

                                                    other processing that would not otherwise               I–1.                                                    Supp-5.



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Document Created: 2017-09-09 00:03:58
Document Modified: 2017-09-09 00:03:58
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 September 11, 2017.
ContactAnnathea Cook at (202) 482-0250 (India) and Kenneth Hawkins at (202) 482-6491 (the People's Republic of China), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 42649 

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