82 FR 42654 - Stainless Steel Flanges From India and the People's Republic of China: Initiation of Countervailing Duty Investigations
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 174 (September 11, 2017)
International Trade Administration
Federal Register Volume 82, Issue 174 (September 11, 2017)
| Page Range | 42654-42658 | |
| FR Document | 2017-19293 |
[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)] [Notices] [Pages 42654-42658] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19293] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-878; C-570-065] Stainless Steel Flanges From India and the People's Republic of China: Initiation of Countervailing Duty Investigations AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective September 11, 2017. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta at (202) 482-2593; Carrie Bethea at (202) 482-1491 (the People's Republic of China); Ryan Mullen at (202) 482-5260 (India), 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 countervailing duty (CVD) Petitions concerning imports of stainless steel flanges from India and the People's Republic of China (the 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''). The CVD Petitions were accompanied by antidumping duty (AD) Petitions concerning imports of stainless steel flanges from both of the countries listed above.\1\ The petitioners are domestic producers of stainless steel flanges.\2\ --------------------------------------------------------------------------- \1\ See Letter to the Secretary of Commerce from the petitioner 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\ Id., Volume I of the Petitions, at 1 and Exhibit I-1. --------------------------------------------------------------------------- On August 18, 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 22, 2017.\5\ --------------------------------------------------------------------------- \3\ See Letter to the petitioners from the Department, ``Petition for the Imposition of Countervailing Duties on Imports of Stainless Steel Flanges from India: Supplemental Questions'' (August 18, 2017) (India CVD Supplemental Questionnaire); see also Letter from the Department, ``Petition for the Imposition of Antidumping and Countervailing Duties on Imports of Stainless Steel Flanges from India and the People's Republic of China: Supplemental Questions'' (August 28, 2017) (General Issues Supplemental Questionnaire); see also Letter to the petitioners from the Department ``Petition for the Imposition of Countervailing Duties on Imports of Stainless Steel Flanges from the People's Republic of China: Supplemental Questions'' (August 18, 2017) (PRC CVD Supplemental Questionnaire). \4\ See Letter to the Secretary of Commerce 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--Response to the Department's Supplemental Questions, Volume V Relating to India,'' (August 22, 2017) (India CVD Supplement); see also Letter to the Secretary of Commerce 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-- Response to the Department's Supplemental Questions, Volume I Relating to Common Issues and Injury (August 22, 2017) (General Issues Supplement); see also Letter to the Secretary of Commerce 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--Response to the Department's Supplemental Questions, Volume III Relating to China,'' (August 22, 2017) (PRC CVD Supplement). \5\ See General Issues Supplement at Exhibit I-Supp-5. --------------------------------------------------------------------------- In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that the Governments of India and the PRC are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to imports of stainless steel flanges from India and the PRC, respectively, 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 702(b)(1) of the Act, for those alleged programs on which we are initiating a CVD investigation, 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 [[Page 42655]] initiation of the CVD investigations that the petitioners are requesting.\6\ --------------------------------------------------------------------------- \6\ See ``Determination of Industry Support for the Petition'' section, below. --------------------------------------------------------------------------- Period of Investigation Because the Petitions were filed on August 16, 2017, the period of investigation (POI) for both the investigation of India and the investigation of the PRC is January 1, 2016, through December 31, 2016. 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\ --------------------------------------------------------------------------- \7\ See General Issues Supplemental Questionnaire; see also General Issues Supplement. --------------------------------------------------------------------------- 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 the 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 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 October 5, 2017, which is 10 calendar days from the initial comments deadline. All such comments must be filed on the records of each of the concurrent AD and CVD investigations. --------------------------------------------------------------------------- \8\ See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). \9\ See 19 CFR 351.102(b)(21). --------------------------------------------------------------------------- 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. 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).\10\ 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. --------------------------------------------------------------------------- \10\ 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. --------------------------------------------------------------------------- Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, the Department notified representatives of the Governments of India (GOI) and the PRC (GOC) of the receipt of the Petitions, and provided them the opportunity for consultations with respect to the CVD Petitions.\11\ --------------------------------------------------------------------------- \11\ See Letter to the Embassy of India, ``Countervailing Duty Petition on Stainless Steel Flanges from India: Invitation for Consultations to Discuss the Countervailing Duty Petition'' (August 24, 2017); see also Letter to the Embassy of the People's Republic of China, ``Countervailing Duty Petition on Stainless Steel Flanges from the People's Republic of China: Invitation for Consultations to Discuss the Countervailing Duty Petition'' (August 24, 2017). --------------------------------------------------------------------------- Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(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 702(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,\12\ 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.\13\ --------------------------------------------------------------------------- \12\ See section 771(10) of the Act. \13\ 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)). --------------------------------------------------------------------------- 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 [[Page 42656]] scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.\14\ --------------------------------------------------------------------------- \14\ For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Countervailing Duty Investigation Initiation Checklist: Stainless Steel Flanges from India (India CVD 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;'' see also Countervailing Duty Investigation Initiation Checklist: Stainless Steel Flanges from the People's Republic of China (PRC CVD 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.'' 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. --------------------------------------------------------------------------- In determining whether the petitioners have standing under section 702(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 Appendix I of 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.\15\ We relied on data the petitioners provided for purposes of measuring industry support.\16\ --------------------------------------------------------------------------- \15\ See Volume I of the Petitions, at 2-3 and Exhibit I-3; see also General Issues Supplement, at 6-7. \16\ Id. For further discussion, see India CVD Initiation Checklist and PRC CVD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- 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.\17\ 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).\18\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(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.\19\ Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(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.\20\ Accordingly, the Department determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \17\ See India CVD Initiation Checklist and PRC CVD Initiation Checklist, at Attachment II. \18\ See section 702(c)(4)(D) of the Act; see also India CVD Initiation Checklist and PRC CVD Initiation Checklist, at Attachment II. \19\ See India CVD Initiation Checklist and PRC CVD Initiation Checklist, at Attachment II. \20\ Id. --------------------------------------------------------------------------- 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 CVD investigations that they are requesting that the Department initiate.\21\ --------------------------------------------------------------------------- \21\ Id. --------------------------------------------------------------------------- Injury Test Because the PRC and India are ``Subsidies Agreement Countries'' within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC and India materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioners allege that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\22\ In CVD petitions, section 771(24)(B) of the Act provides that imports of subject merchandise from developing and least developed countries must exceed the negligibility threshold of four percent. The petitioners also demonstrate that subject imports from India, which has been designated as a least developed country under section 771(36)(B) of the Act, exceed the negligibility threshold of four percent.\23\ --------------------------------------------------------------------------- \22\ See Volume I of the Petitions, at 19-20 and Exhibit I-8. \23\ Id. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \24\ See Volume I of the Petitions, at 9-32 and Exhibits I-4, I- 8 and I-10; see also General Issues Supplement, at 1, 8-9 and Exhibit I-Supp-1. \25\ See PRC CVD 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 CVD Initiation Checklist, at Attachment III. --------------------------------------------------------------------------- Initiation of CVD Investigations Based on the examination of the CVD Petitions, we find that the Petitions meet the requirements of section 702 of the Act. Therefore, we are initiating CVD investigations to determine whether imports of stainless steel flanges from India and the PRC benefit from countervailable subsidies conferred by the governments of these countries. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Under the Trade Preferences Extension Act of 2015, numerous amendments to the AD and CVD laws were made.\26\ 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.\27\ The amendments to sections 776 and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to these CVD investigations.\28\ --------------------------------------------------------------------------- \26\ See Trade Preferences Extension Act of 2015, Pub. L. 114- 27, 129 Stat. 362 (2015). \27\ 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) (Applicability Notice). The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl. \28\ See Applicability Notice, 80 FR at 46794-95. --------------------------------------------------------------------------- India Based on our review of the Petition, we find that there is sufficient [[Page 42657]] information to initiate a CVD investigation on 41 of the 44 alleged programs in India. For a full discussion of the basis for our decision to initiate or not initiate on each program, see the India CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. The PRC Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 28 alleged programs and one other program, in part. For a full discussion of the basis for our decision to initiate on each program, see the PRC CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Respondent Selection The petitioners named 43 and 80 companies as producers/exporters of stainless steel flanges in India and the PRC, respectively.\29\ The Department intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in this investigation. In the event the Department determines that the number of companies is large and it cannot individually examine each company based upon the Department's resources, where appropriate, the Department intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of stainless steel flanges from India and the PRC during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ``Scope of the Investigation,'' in the Appendix. --------------------------------------------------------------------------- \29\ See Volume I of the Petitions at Exhibit I-7; see also General Issues Supplement, at 1. --------------------------------------------------------------------------- On August 31, 2017, the Department released CBP data under 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 CVD investigation.\30\ The Department will not accept rebuttal comments regarding the CBP data or respondent selection. --------------------------------------------------------------------------- \30\ See Memorandum, ``Stainless Steel Flanges from India: U.S. Customs Data for Respondent Selection,'' dated August 31, 2017; Memorandum, ``Stainless Steel Flanges from the PRC: U.S. Customs Data for Respondent Selection,'' dated August 31, 2017. --------------------------------------------------------------------------- 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 must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. We intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petitions In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the GOI and GOC 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 702(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 India and the PRC are materially injuring, or threatening material injury to, a U.S. industry.\31\ A negative ITC determination will result in the investigations being terminated.\32\ Otherwise, these investigations will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \31\ See section 703(a)(2) of the Act. \32\ See section 703(a)(1) of the Act. --------------------------------------------------------------------------- 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 \33\ 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.\34\ 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. --------------------------------------------------------------------------- \33\ See 19 CFR 351.301(b). \34\ 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 expires. 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.\35\ Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives.\36\ [[Page 42658]] 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 the applicable revised certification requirements. --------------------------------------------------------------------------- \35\ See section 782(b) of the Act. \36\ 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 this investigation should ensure 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 702 and 777(i) of the Act. 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 (HTS). While HTS subheadings and ASTM specifications are provided for convenience and customs purposes, the written description of the scope is dispositive. [FR Doc. 2017-19293 Filed 9-8-17; 8:45 am] BILLING CODE 3510-DS-P
![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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![42658 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices
Investigations initiated on the basis of unfinished stainless steel flanges that have Avenue, Suite 401, San Juan, Puerto
petitions filed on or after August 16, undergone some machining processes. Rico.
2013, and other segments of any AD or The scope includes six general types of
flanges. They are: (1) Weld neck, generally FOR FURTHER INFORMATION CONTACT:
CVD proceedings initiated on or after Caribbean Fishery Management Council,
used in butt-weld line connection; (2)
August 16, 2013, should use the formats threaded, generally used for threaded line 270 Muñoz Rivera Avenue, Suite 401,
for the revised certifications provided in connections; (3) slip-on, generally used to San Juan, Puerto Rico 00918–1903;
19 CFR 351.303(g). The Department slide over pipe; (4) lap joint, generally used telephone: (787) 766–5926.
intends to reject factual submissions if with stub-ends/butt-weld line connections;
SUPPLEMENTARY INFORMATION:
the submitting party does not comply (5) socket weld, generally used to fit pipe
with the applicable revised certification into a machine recession; and (6) blind, —Call to Order
requirements. generally used to seal off a line. The sizes —Adoption of Agenda
and descriptions of the flanges within the —Overview
Notification to Interested Parties scope include all pressure classes of ASME Review outcomes from previous
B16.5 and range from one-half inch to meeting
Interested parties must submit
twenty-four inches nominal pipe size.
applications for disclosure under APO Specifically excluded from the scope of these
—Review Acceptable Biological Catch
in accordance with 19 CFR 351.305. On orders are cast stainless steel flanges. Cast (ABC) Control Rule Language
January 22, 2008, the Department stainless steel flanges generally are Review suggestions from General
published Antidumping and manufactured to specification ASTM A351. Counsel and Southeast Fisheries
Countervailing Duty Proceedings: The country of origin for certain forged Science Center (SEFSC) on text of
Documents Submission Procedures; stainless steel flanges, whether unfinished, Tier 4 of the control rule
APO Procedures, 73 FR 3634 (January semi-finished, or finished is the country Develop language to define
22, 2008). Parties wishing to participate where the flange was forged. Subject ‘‘consensus’’ as used in determining
merchandise includes stainless steel flanges Tier assignments (or otherwise alter
in this investigation should ensure that
as defined above that have been further
they meet the requirements of these language to remove the term)
processed in a third country. The processing
procedures (e.g., the filing of letters of includes, but is not limited to, boring, facing, —Action 2: Finalize establishment of
appearance as discussed at 19 CFR spot facing, drilling, tapering, threading, stock/stock complexes for each of
351.103(d)). beveling, heating, or compressing, and/or any the Puerto Rico, St. Croix, St.
This notice is issued and published other processing that would not otherwise Thomas/St. John Fishery
pursuant to sections 702 and 777(i) of remove the merchandise from the scope of Management Plans (FMPs)
the Act. the investigations if performed in the country —Determine use of Indicator Species
of manufacture of the stainless steel flanges. to recommend to the Council
Dated: September 5, 2017. Merchandise subject to the investigations
Gary Taverman, is typically imported under headings
—Finalize recommendations on:
7307.21.1000 and 7307.21.5000 of the —Criteria used to select indicator
Deputy Assistant Secretary for Antidumping
Harmonized Tariff Schedule of the United species
and Countervailing Duty Operations,
performing the non-exclusive functions and States (HTS). While HTS subheadings and —How indicator species will be used
duties of the Assistant Secretary for ASTM specifications are provided for to determine management reference
Enforcement and Compliance. convenience and customs purposes, the points for stock complexes
written description of the scope is —Action 3: Management Reference
Appendix dispositive. Points for Stocks/Stock complexes
Scope of the Investigations [FR Doc. 2017–19293 Filed 9–8–17; 8:45 am] in each of the Puerto Rico, St.
The products covered by these BILLING CODE 3510–DS–P Thomas/St. John and St Croix FMPs
investigations are certain forged stainless Tiered ABC Control Rule:
steel flanges, whether unfinished, semi- —Review and finalize Tier
finished, or finished (certain forged stainless DEPARTMENT OF COMMERCE assignments (4a or 4b): Puerto Rico,
steel flanges). Certain forged stainless steel St. Croix, St. Thomas/St. John
flanges are generally manufactured to, but National Oceanic and Atmospheric —Define process for determining the
not limited to, the material specification of Administration scalars used in Tiered ABC Control
ASTM/ASME A/SA182 or comparable
domestic or foreign specifications. Certain RIN 0648–XF677
Rule
forged stainless steel flanges are made in —Define process for determining the
various grades such as, but not limited to, Caribbean Fishery Management buffer from the overfishing limit
304, 304L, 316, and 316L (or combinations Council; Public Meeting (OFL) to ABC (scientific uncertainty
thereof). The term ‘‘stainless steel’’ used in buffer) used in the Tiered ABC
this scope refers to an alloy steel containing, AGENCY: National Marine Fisheries Control Rule
by actual weight, 1.2 percent or less of carbon Service (NMFS), National Oceanic and —Choice of scalar and scientific
and 10.5 percent or more of chromium, with Atmospheric Administration (NOAA), uncertainty buffer for Tiers 4a and
or without other elements. Commerce. 4b for the applicable stocks
Unfinished stainless steel flanges possess
the approximate shape of finished stainless ACTION: Notice of a public meeting. Stocks/stock complexes to which the
steel flanges and have not yet been machined Tiered ABC CR cannot be applied:
to final specification after the initial forging SUMMARY: The Caribbean Fishery —Recommendations on time series of
Management Council’s Scientific and
asabaliauskas on DSKBBXCHB2PROD with NOTICES
or like operations. These machining landings data (year sequences) to
processes may include, but are not limited to, Statistical Committee (SSC) will hold a establish reference points for the
boring, facing, spot facing, drilling, tapering, 5-day meeting to discuss the items applicable stocks/stock complexes
threading, beveling, heating, or compressing. contained in the following agenda: —Recommendations on the
Semi-finished stainless steel flanges are DATES: The meetings will be held on establishment of the maximum
September 25–29, 2017, from 9 a.m. to sustainable yield proxy (e.g., mean,
17, 2013) (‘‘Final Rule’’); see also frequently asked 5 p.m.
questions regarding the Final Rule, available at
median, following the Caribbean
http://enforcement.trade.gov/tlei/notices/factual_ ADDRESSES: The meetings will be held at Annual Catch Limit Amendments’
info_final_rule_FAQ_07172013.pdf. the Council Office, 270 Muñoz Rivera approach) for the applicable stocks/
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Document Created: 2017-09-09 00:03:43
Document Modified: 2017-09-09 00:03:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective September 11, 2017. | |
| Contact | Kabir Archuletta at (202) 482-2593; Carrie Bethea at (202) 482-1491 (the People's Republic of China); Ryan Mullen at (202) 482-5260 (India), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 82 FR 42654 |
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