83_FR_13304 83 FR 13244 - Stainless Steel Flanges From People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value

83 FR 13244 - Stainless Steel Flanges From People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 60 (March 28, 2018)

Page Range13244-13246
FR Document2018-06153

The Department of Commerce (Commerce) preliminarily determines that stainless steel flanges from People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI) January 1, 2017, through June 30, 2017.

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13244-13246]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06153]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-064]


Stainless Steel Flanges From People's Republic of China: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that stainless steel flanges from People's Republic of China (China) 
are being, or are likely to be, sold in the United States at less than 
fair value (LTFV) during the period of investigation (POI) January 1, 
2017, through June 30, 2017.

DATES: Applicable March 28, 2018.

FOR FURTHER INFORMATION CONTACT: Trenton Duncan or Carrie Bethea, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3539 or (202) 
482-1491, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on September 
11, 2017.\1\ On January 9, 2018, Commerce postponed the preliminary 
determination of this investigation.\2\ Commerce has exercised its 
discretion to toll deadlines for the duration of the closure of the 
Federal Government from January 20 through 22, 2018.\3\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. The revised 
deadline for the preliminary determination of this investigation is now 
March 19, 2018.
---------------------------------------------------------------------------

    \1\ See Stainless Steel Flanges from India and the People's 
Republic of China: Initiation of Less-Than-Fair-Value 
Investigations, 82 FR 42649 (September 11, 2017) (Initiation 
Notice).
    \2\ See Stainless Steel Flanges from India and the People's 
Republic of China: Postponement of Preliminary Determinations in the 
Less-Than-Fair-Value Investigations, 83 FR 1025 (January 9, 2018).
    \3\ See Memorandum, for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government,'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Stainless 
Steel Flanges from People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are stainless steel 
flanges from China. For a complete description of the scope of this 
investigation see Appendix I to this notice.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (scope).\6\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. Commerce is not preliminarily modifying the scope 
language as it appeared in the Initiation Notice. See the scope in 
Appendix I to this notice.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \6\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, 
Commerce preliminarily has relied upon facts otherwise available, with 
adverse inferences, for mandatory respondent, Shanxi Guanjiaying Flange 
Forging Group Co., Ltd (GJY). Hydro-Fluids Controls Limited (HFC), 
Songhai Flange Manufacturing Co., Ltd (Songhai), and Dongtai QB 
Stainless Steel Co., Ltd (Dongtai) were also selected as mandatory 
respondents, however, these companies withdrew from participation in 
this investigation and did not respond to our requests for information. 
Therefore, HFC, Songhai, and Dongtai have not demonstrated their 
eligibility for a separate rate and Commerce considers them to be part 
of the China-wide entity. For a full description of the methodology 
underlying Commerce's preliminary determination, see the Preliminary 
Decision Memorandum.

Combination Rates

    In the Initiation Notice,\7\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\8\ Because Commerce used total facts 
otherwise available with adverse inferences in determining the rate for 
the only respondent that demonstrated eligibility for a separate rate 
in this investigation, GJY, Commerce did not calculate producer/
exporter combination rates for that company.
---------------------------------------------------------------------------

    \7\ See Initiation Notice at 42652-53.
    \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.

---------------------------------------------------------------------------

[[Page 13245]]

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                        Exporter                              average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Shanxi Guanjiaying Flange Forging Group Co., Ltd........          257.11
China-wide Entity.......................................          257.11
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of subject merchandise as described in the scope of the investigation 
section entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register, 
as discussed below. Further, pursuant to section 733(d)(1)(B) of the 
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the weighted average amount by which normal value 
exceeds U.S. price, as indicated in the chart above as follows: (1) For 
the producer/exporter combinations listed in the table above, the cash 
deposit rate is equal to the estimated weighted-average dumping margin 
listed for that combination in the table; (2) for all combinations of 
China producers/exporters of merchandise under consideration that have 
not established eligibility for their own separate rates, the cash 
deposit rate will be equal to the estimated weighted-average dumping 
margin established for the China-wide entity; and (3) for all third-
country exporters of merchandise under consideration not listed in the 
table above, the cash deposit rate is the cash deposit rate applicable 
to the China producer/exporter combination (or the China-wide entity) 
that supplied that third-country exporter.
    As described in the Preliminary Decision Memorandum, in this 
preliminary determination, no adjustments pursuant to section 777A(f) 
and 772(c)(1)(C) of the Act are being made for cash deposit purposes.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b). However, because Commerce 
preliminarily applied AFA to the individually examined company 
participating in this investigation, in accordance with section 776 of 
the Act, and the applied AFA rate is based solely on the petition, 
there are no calculations to disclose.

Verification

    Because the mandatory respondents in this investigation did not 
provide information requested by Commerce and Commerce preliminarily 
determines each of the mandatory respondents to have been 
uncooperative, verification will not be conducted.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary determination, 
unless the Secretary alters the time limit. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\9\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the signature date 
of this preliminary determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: March 19, 2018.
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 I

Scope of the Investigation

    The products covered by this investigation 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.

[[Page 13246]]

    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 investigation if performed in the country of 
manufacture of the stainless steel flanges.
    Merchandise subject to the investigation 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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Discussion of the Methodology
    A. Non-Market Economy Country
    B. Surrogate Country and Surrogate Value Comments
    C. Separate Rates
    D. GJY
    E. China-Wide Entity
    F. Use of Facts Otherwise Available With an Adverse Inferencce
VII. Adjustment Under Section 777(A)(f) of the Act
VIII. Adjustments to Cash Deposit Rates for Export Subsidies
IX. Verification
X. Conclusion

[FR Doc. 2018-06153 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               13244                       Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                                 Comment 2: Whether the Energy                         on September 11, 2017.1 On January 9,                  Scope Comments
                                                   Interruptibility Contract Is a                      2018, Commerce postponed the
                                                   Countervailable Subsidy                             preliminary determination of this                        In accordance with the preamble to
                                                 Comment 3: Whether the Purchase of                                                                           Commerce’s regulations,5 the Initiation
                                                   Electricity Through Interconnectors Are             investigation.2 Commerce has exercised
                                                                                                       its discretion to toll deadlines for the               Notice set aside a period of time for
                                                   Countervailable Subsidies                                                                                  parties to raise issues regarding product
                                                 Comment 4: Selection of Benchmark To                  duration of the closure of the Federal
                                                                                                                                                              coverage (scope).6 No interested party
                                                   Value Purchases of Electricity Through              Government from January 20 through
                                                   Interconnectors                                                                                            commented on the scope of the
                                                                                                       22, 2018.3 If the new deadline falls on
                                                 Comment 5: How To Calculate the Benefit                                                                      investigation as it appeared in the
                                                                                                       a non-business day, in accordance with
                                                   for Electricity Purchased Through                                                                          Initiation Notice. Commerce is not
                                                   Interconnectors
                                                                                                       Commerce’s practice, the deadline will                 preliminarily modifying the scope
                                                 Comment 6: Whether Commerce Should                    become the next business day. The                      language as it appeared in the Initiation
                                                   Implement Verification Findings To                  revised deadline for the preliminary                   Notice. See the scope in Appendix I to
                                                   Make Corrections to Ferriere Nord’s                 determination of this investigation is                 this notice.
                                                   Sales Denominator and the Numerator                 now March 19, 2018.
                                                   Used in the Interruptibility Contract                                                                      Methodology
                                                   Subsidy Calculation                                    For a complete description of the
                                                 Comment 7: Whether Commerce Should                    events that followed the initiation of                   Commerce is conducting this
                                                   Countervail the Provision of Electricity            this investigation, see the Preliminary                investigation in accordance with section
                                                   Interconnector Rights                               Decision Memorandum.4 A list of topics                 731 of the Act. Pursuant to section
                                                 Comment 8: Whether Commerce Should                    included in the Preliminary Decision                   776(a) and (b) of the Act, Commerce
                                                   Countervail Excise Tax Exemptions                   Memorandum is included as Appendix
                                                 Comment 9: Whether Commerce Should
                                                                                                                                                              preliminarily has relied upon facts
                                                   Apply AFA to Ferriere Valsider
                                                                                                       II to this notice. The Preliminary                     otherwise available, with adverse
                                               X. Recommendation                                       Decision Memorandum is a public                        inferences, for mandatory respondent,
                                               [FR Doc. 2018–06133 Filed 3–27–18; 8:45 am]
                                                                                                       document and is on file electronically                 Shanxi Guanjiaying Flange Forging
                                                                                                       via Enforcement and Compliance’s                       Group Co., Ltd (GJY). Hydro-Fluids
                                               BILLING CODE 3510–DS–P
                                                                                                       Antidumping and Countervailing Duty                    Controls Limited (HFC), Songhai Flange
                                                                                                       Centralized Electronic Service System                  Manufacturing Co., Ltd (Songhai), and
                                               DEPARTMENT OF COMMERCE                                  (ACCESS). ACCESS is available to                       Dongtai QB Stainless Steel Co., Ltd
                                                                                                       registered users at https://                           (Dongtai) were also selected as
                                               International Trade Administration                      access.trade.gov, and to all parties in the            mandatory respondents, however, these
                                                                                                       Central Records Unit, room B8024 of the                companies withdrew from participation
                                               [A–570–064]                                             main Department of Commerce                            in this investigation and did not
                                                                                                       building. In addition, a complete                      respond to our requests for information.
                                               Stainless Steel Flanges From People’s                   version of the Preliminary Decision                    Therefore, HFC, Songhai, and Dongtai
                                               Republic of China: Preliminary                          Memorandum can be accessed directly                    have not demonstrated their eligibility
                                               Affirmative Determination of Sales at                   at http://enforcement.trade.gov/frn/.                  for a separate rate and Commerce
                                               Less Than Fair Value                                    The signed and the electronic versions                 considers them to be part of the China-
                                                                                                       of the Preliminary Decision                            wide entity. For a full description of the
                                               AGENCY:   Enforcement and Compliance,                                                                          methodology underlying Commerce’s
                                               International Trade Administration,                     Memorandum are identical in content.
                                                                                                                                                              preliminary determination, see the
                                               Department of Commerce.                                 Scope of the Investigation                             Preliminary Decision Memorandum.
                                               SUMMARY: The Department of Commerce
                                               (Commerce) preliminarily determines                        The products covered by this                        Combination Rates
                                               that stainless steel flanges from People’s              investigation are stainless steel flanges
                                                                                                                                                                 In the Initiation Notice,7 Commerce
                                               Republic of China (China) are being, or                 from China. For a complete description
                                                                                                                                                              stated that it would calculate producer/
                                               are likely to be, sold in the United States             of the scope of this investigation see
                                                                                                                                                              exporter combination rates for the
                                               at less than fair value (LTFV) during the               Appendix I to this notice.
                                                                                                                                                              respondents that are eligible for a
                                               period of investigation (POI) January 1,
                                                                                                                                                              separate rate in this investigation. Policy
                                               2017, through June 30, 2017.                               1 See Stainless Steel Flanges from India and the

                                                                                                       People’s Republic of China: Initiation of Less-Than-
                                                                                                                                                              Bulletin 05.1 describes this practice.8
                                               DATES: Applicable March 28, 2018.                                                                              Because Commerce used total facts
                                                                                                       Fair-Value Investigations, 82 FR 42649 (September
                                               FOR FURTHER INFORMATION CONTACT:                        11, 2017) (Initiation Notice).                         otherwise available with adverse
                                               Trenton Duncan or Carrie Bethea, AD/                       2 See Stainless Steel Flanges from India and the
                                                                                                                                                              inferences in determining the rate for
                                               CVD Operations, Office V, Enforcement                   People’s Republic of China: Postponement of            the only respondent that demonstrated
                                                                                                       Preliminary Determinations in the Less-Than-Fair-
                                               and Compliance, International Trade                     Value Investigations, 83 FR 1025 (January 9, 2018).    eligibility for a separate rate in this
                                               Administration, U.S. Department of                         3 See Memorandum, for The Record from               investigation, GJY, Commerce did not
                                               Commerce, 1401 Constitution Avenue                      Christian Marsh, Deputy Assistant Secretary for        calculate producer/exporter
                                               NW, Washington, DC 20230; telephone:                    Enforcement and Compliance, performing the non-        combination rates for that company.
                                               (202) 482–3539 or (202) 482–1491,                       exclusive functions and duties of the Assistant
                                                                                                       Secretary for Enforcement and Compliance,
                                               respectively.                                           ‘‘Deadlines Affected by the Shutdown of the              5 See Antidumping Duties; Countervailing Duties,

                                                                                                       Federal Government,’’ (Tolling Memorandum),            62 FR 27296, 27323 (May 19, 1997).
                                               SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                6 See Initiation Notice.
                                                                                                       dated January 23, 2018. All deadlines in this
                                               Background                                              segment of the proceeding have been extended by          7 See Initiation Notice at 42652–53.

                                                                                                       3 days.                                                  8 See Enforcement and Compliance’s Policy
                                                  This preliminary determination is                       4 See Memorandum, ‘‘Decision Memorandum for         Bulletin No. 05.1, regarding, ‘‘Separate-Rates
                                               made in accordance with section 733(b)                  the Preliminary Determination in the Less-Than-        Practice and Application of Combination Rates in
                                               of the Tariff Act of 1930, as amended                   Fair-Value Investigation of Stainless Steel Flanges    Antidumping Investigations involving Non-Market
                                                                                                       from People’s Republic of China,’’ dated               Economy Countries,’’ (April 5, 2005) (Policy
                                               (the Act). Commerce published the                       concurrently with, and hereby adopted by, this         Bulletin 05.1), available on Commerce’s website at
                                               notice of initiation of this investigation              notice (Preliminary Decision Memorandum).              http://enforcement.trade.gov/policy/bull05-1.pdf.



                                          VerDate Sep<11>2014   20:30 Mar 27, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\28MRN1.SGM   28MRN1


                                                                              Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices                                               13245

                                               Preliminary Determination                                days of its public announcement or, if                Final Determination
                                                 Commerce preliminarily determines                      there is no public announcement,                         Section 735(a)(1) of the Act and 19
                                               that the following estimated weighted-                   within five days of the date of                       CFR 351.210(b)(1) provide that
                                               average dumping margins exist:                           publication of this notice in accordance              Commerce will issue the final
                                                                                                        with 19 CFR 351.224(b). However,                      determination within 75 days after the
                                                                                       Estimated        because Commerce preliminarily                        date of its preliminary determination.
                                                                                       weighted-        applied AFA to the individually                       Accordingly, Commerce will make its
                                                                                        average         examined company participating in this
                                                           Exporter                                                                                           final determination no later than 75
                                                                                       dumping
                                                                                        margin          investigation, in accordance with                     days after the signature date of this
                                                                                       (percent)        section 776 of the Act, and the applied               preliminary determination.
                                                                                                        AFA rate is based solely on the petition,
                                               Shanxi Guanjiaying Flange                                there are no calculations to disclose.                International Trade Commission
                                                 Forging Group Co., Ltd .....                257.11                                                           Notification
                                               China-wide Entity ..................          257.11     Verification
                                                                                                                                                                 In accordance with section 733(f) of
                                                                                                          Because the mandatory respondents                   the Act, Commerce will notify the
                                               Suspension of Liquidation
                                                                                                        in this investigation did not provide                 International Trade Commission (ITC) of
                                                  In accordance with section 733(d)(2)                  information requested by Commerce                     its preliminary determination of sales at
                                               of the Act, Commerce will direct U.S.                    and Commerce preliminarily determines                 LTFV. If the final determination is
                                               Customs and Border Protection (CBP) to                   each of the mandatory respondents to                  affirmative, the ITC will determine
                                               suspend liquidation of subject                           have been uncooperative, verification                 before the later of 120 days after the date
                                               merchandise as described in the scope                    will not be conducted.                                of this preliminary determination or 45
                                               of the investigation section entered, or                                                                       days after the final determination
                                               withdrawn from warehouse, for                            Public Comment                                        whether imports of the subject
                                               consumption on or after the date of                                                                            merchandise are materially injuring, or
                                                                                                           Case briefs or other written comments
                                               publication of this notice in the Federal                                                                      threaten material injury to, the U.S.
                                                                                                        may be submitted to the Assistant
                                               Register, as discussed below. Further,                                                                         industry.
                                                                                                        Secretary for Enforcement and
                                               pursuant to section 733(d)(1)(B) of the
                                                                                                        Compliance no later than 30 days after                Notification to Interested Parties
                                               Act and 19 CFR 351.205(d), Commerce
                                                                                                        the date of publication of the
                                               will instruct CBP to require a cash                                                                              This determination is issued and
                                               deposit equal to the weighted average                    preliminary determination, unless the
                                                                                                                                                              published in accordance with sections
                                               amount by which normal value exceeds                     Secretary alters the time limit. Rebuttal
                                                                                                                                                              733(f) and 777(i)(1) of the Act and 19
                                               U.S. price, as indicated in the chart                    briefs, limited to issues raised in case
                                                                                                                                                              CFR 351.205(c).
                                               above as follows: (1) For the producer/                  briefs, may be submitted no later than
                                                                                                        five days after the deadline date for case              Dated: March 19, 2018.
                                               exporter combinations listed in the table                                                                      Gary Taverman,
                                               above, the cash deposit rate is equal to                 briefs.9 Pursuant to 19 CFR
                                                                                                        351.309(c)(2) and (d)(2), parties who                 Deputy Assistant Secretary for Antidumping
                                               the estimated weighted-average                                                                                 and Countervailing Duty Operations
                                               dumping margin listed for that                           submit case briefs or rebuttal briefs in
                                                                                                        this investigation are encouraged to                  performing the non-exclusive functions and
                                               combination in the table; (2) for all                                                                          duties of the Assistant Secretary for
                                               combinations of China producers/                         submit with each argument: (1) A
                                                                                                                                                              Enforcement and Compliance.
                                               exporters of merchandise under                           statement of the issue; (2) a brief
                                               consideration that have not established                  summary of the argument; and (3) a                    Appendix I
                                               eligibility for their own separate rates,                table of authorities.
                                                                                                                                                              Scope of the Investigation
                                               the cash deposit rate will be equal to the                  Pursuant to 19 CFR 351.310(c),
                                               estimated weighted-average dumping                       interested parties who wish to request a                 The products covered by this investigation
                                                                                                                                                              are certain forged stainless steel flanges,
                                               margin established for the China-wide                    hearing, limited to issues raised in the              whether unfinished, semi-finished, or
                                               entity; and (3) for all third-country                    case and rebuttal briefs, must submit a               finished (certain forged stainless steel
                                               exporters of merchandise under                           written request to the Assistant                      flanges). Certain forged stainless steel flanges
                                               consideration not listed in the table                    Secretary for Enforcement and                         are generally manufactured to, but not
                                               above, the cash deposit rate is the cash                 Compliance, U.S. Department of                        limited to, the material specification of
                                               deposit rate applicable to the China                     Commerce, within 30 days after the date               ASTM/ASME A/SA182 or comparable
                                               producer/exporter combination (or the                    of publication of this notice. Requests               domestic or foreign specifications. Certain
                                               China-wide entity) that supplied that                    should contain the party’s name,                      forged stainless steel flanges are made in
                                               third-country exporter.                                  address, and telephone number, the                    various grades such as, but not limited to,
                                                                                                                                                              304, 304L, 316, and 316L (or combinations
                                                  As described in the Preliminary                       number of participants, whether any                   thereof). The term ‘‘stainless steel’’ used in
                                               Decision Memorandum, in this                             participant is a foreign national, and a              this scope refers to an alloy steel containing,
                                               preliminary determination, no                            list of the issues to be discussed. If a              by actual weight, 1.2 percent or less of carbon
                                               adjustments pursuant to section 777A(f)                  request for a hearing is made, Commerce               and 10.5 percent or more of chromium, with
                                               and 772(c)(1)(C) of the Act are being                    intends to hold the hearing at the U.S.               or without other elements.
                                               made for cash deposit purposes.                          Department of Commerce, 1401                             Unfinished stainless steel flanges possess
                                                  These suspension of liquidation                       Constitution Avenue NW, Washington,                   the approximate shape of finished stainless
                                               instructions will remain in effect until                 DC 20230, at a time and date to be                    steel flanges and have not yet been machined
daltland on DSKBBV9HB2PROD with NOTICES




                                               further notice.                                          determined. Parties should confirm by                 to final specification after the initial forging
                                                                                                                                                              or like operations. These machining
                                                                                                        telephone the date, time, and location of
                                               Disclosure                                                                                                     processes may include, but are not limited to,
                                                                                                        the hearing two days before the                       boring, facing, spot facing, drilling, tapering,
                                                 Normally, Commerce discloses to                        scheduled date.                                       threading, beveling, heating, or compressing.
                                               interested parties the calculations                                                                            Semi-finished stainless steel flanges are
                                               performed in connection with a                              9 See 19 CFR 351.309; see also 19 CFR 351.303      unfinished stainless steel flanges that have
                                               preliminary determination within five                    (for general filing requirements).                    undergone some machining processes.



                                          VerDate Sep<11>2014    20:30 Mar 27, 2018   Jkt 244001   PO 00000   Frm 00024   Fmt 4703   Sfmt 4703   E:\FR\FM\28MRN1.SGM   28MRN1


                                               13246                       Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                                  The scope includes six general types of              DEPARTMENT OF COMMERCE                                 (i.e., the weekend), pursuant to
                                               flanges. They are: (1) Weld neck, generally                                                                    Commerce’s practice, the deadline will
                                               used in butt-weld line connection; (2)                  International Trade Administration                     become the next business day. The
                                               threaded, generally used for threaded line                                                                     revised deadline is now March 19, 2018.
                                                                                                       [A–533–877]
                                               connections; (3) slip-on, generally used to                                                                       For a complete description of the
                                               slide over pipe; (4) lap joint, generally used          Stainless Steel Flanges From India:                    events that followed the initiation of
                                               with stub-ends/butt-weld line connections;              Preliminary Affirmative Determination                  this investigation, see the Preliminary
                                               (5) socket weld, generally used to fit pipe             of Sales at Less Than Fair Value,                      Decision Memorandum.3 A list of topics
                                               into a machine recession; and (6) blind,                Preliminary Affirmative Determination                  included in the Preliminary Decision
                                               generally used to seal off a line. The sizes                                                                   Memorandum is included as Appendix
                                                                                                       of Critical Circumstances,
                                               and descriptions of the flanges within the                                                                     II to this notice. The Preliminary
                                                                                                       Postponement of Final Determination,
                                               scope include all pressure classes of ASME                                                                     Decision Memorandum is a public
                                                                                                       and Extension of Provisional Measures
                                               B16.5 and range from one-half inch to                                                                          document and is on file electronically
                                               twenty-four inches nominal pipe size.                   AGENCY:   Enforcement and Compliance,                  via Enforcement and Compliance’s
                                               Specifically excluded from the scope of these           International Trade Administration,                    Antidumping and Countervailing Duty
                                               orders are cast stainless steel flanges. Cast           Department of Commerce.                                Centralized Electronic Service System
                                               stainless steel flanges generally are                   SUMMARY: The Department of Commerce                    (ACCESS). ACCESS is available to
                                               manufactured to specification ASTM A351.                (Commerce) preliminarily determines                    registered users at https://
                                                  The country of origin for certain forged             that stainless steel flanges from India are            access.trade.gov, and to all parties in the
                                               stainless steel flanges, whether unfinished,            being, or are likely to be, sold in the                Central Records Unit, room B8024 of the
                                               semi-finished, or finished is the country               United States at less than fair value                  main Department of Commerce
                                               where the flange was forged. Subject
                                                                                                       (LTFV) during the period of                            building. In addition, a complete
                                               merchandise includes stainless steel flanges
                                                                                                       investigation (POI) July 1, 2016, through              version of the Preliminary Decision
                                               as defined above that have been further
                                                                                                       June 30, 2017.                                         Memorandum can be accessed directly
                                               processed in a third country. The processing
                                               includes, but is not limited to, boring, facing,        DATES: Applicable March 28, 2018.                      at http://enforcement.trade.gov/frn/.
                                               spot facing, drilling, tapering, threading,             FOR FURTHER INFORMATION CONTACT:                       The signed and the electronic versions
                                               beveling, heating, or compressing, and/or any           Courtney Canales, Julia Hancock, or                    of the Preliminary Decision
                                               other processing that would not otherwise               Jerry Huang, AD/CVD Operations, Office                 Memorandum are identical in content.
                                               remove the merchandise from the scope of                V, Enforcement and Compliance,                         Scope of the Investigation
                                               the investigation if performed in the country           International Trade Administration,
                                               of manufacture of the stainless steel flanges.          U.S. Department of Commerce, 1401                         The product covered by this
                                                  Merchandise subject to the investigation is          Constitution Avenue NW, Washington,                    investigation is stainless steel flanges
                                               typically imported under headings                       DC 20230; telephone: (202) 482–4997,                   from India. For a complete description
                                               7307.21.1000 and 7307.21.5000 of the                    (202) 482–1394, or (202) 482–4047,                     of the scope of this investigation, see
                                               Harmonized Tariff Schedule of the United                respectively.                                          Appendix I.
                                               States (HTSUS). While HTSUS subheadings                                                                        Scope Comments
                                                                                                       SUPPLEMENTARY INFORMATION:
                                               and ASTM specifications are provided for
                                               convenience and customs purposes, the                   Background                                               In accordance with the preamble to
                                               written description of the scope is                                                                            Commerce’s regulations,4 the Initiation
                                                                                                          This preliminary determination is                   Notice set aside a period of time for
                                               dispositive.
                                                                                                       made in accordance with section 733(b)                 parties to raise issues regarding product
                                                                                                       of the Tariff Act of 1930, as amended                  coverage (i.e., scope).5 No interested
                                               Appendix II
                                                                                                       (the Act). Commerce published the                      party submitted timely comments on the
                                               List of Topics Discussed in the Preliminary
                                                                                                       notice of initiation of this investigation             scope of the investigation as it appeared
                                               Decision Memorandum                                     on September 11, 2017.1 On January 9,                  in the Initiation Notice. Commerce is
                                                                                                       2018, Commerce postponed the                           not preliminarily modifying the scope
                                               I. Summary                                              preliminary determination of this
                                               II. Background                                                                                                 language as it appeared in the Initiation
                                                                                                       investigation and Commerce also                        Notice.
                                               III. Period of Investigation
                                                                                                       exercised its discretion to toll all
                                               IV. Scope Comments                                                                                             Methodology
                                                                                                       deadlines affected by the closure of the
                                               V. Scope of the Investigation
                                                                                                       Federal Government from January 20                       Commerce is conducting this
                                               VI. Discussion of the Methodology
                                                                                                       through 22, 2018.2 Because the new                     investigation in accordance with section
                                                  A. Non-Market Economy Country
                                                                                                       deadline falls on a non-business day                   731 of the Act. Commerce has
                                                  B. Surrogate Country and Surrogate Value
                                                     Comments                                                                                                 calculated export prices in accordance
                                                                                                          1 See Stainless Steel Flanges from India and the
                                                  C. Separate Rates                                                                                           with section 772(a) of the Act.
                                                                                                       People’s Republic of China: Initiation of Less-Than-
                                                  D. GJY                                               Fair-Value Investigations, 82 FR 42649 (September
                                                                                                                                                              Constructed export prices also have
                                                  E. China-Wide Entity                                 11, 2017) (Initiation Notice).                         been calculated in accordance with
                                                  F. Use of Facts Otherwise Available With                2 See Stainless Steel Flanges from India and the    section 772(b) of the Act. Normal value
                                                     an Adverse Inferencce                             People’s Republic of China: Postponement of            (NV) is calculated in accordance with
                                                                                                       Preliminary Determinations in the Less-Than-Fair-      section 773 of the Act. In addition,
                                               VII. Adjustment Under Section 777(A)(f) of              Value Investigations, 83 FR 1025 (January 9, 2018);
                                                     the Act                                           see also Memorandum for The Record from
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                 3 See Memorandum, ‘‘Decision Memorandum for
                                               VIII. Adjustments to Cash Deposit Rates for             Christian Marsh, Deputy Assistant Secretary for
                                                                                                       Enforcement and Compliance, performing the non-        the Preliminary Determination in the Less-Than-
                                                     Export Subsidies                                                                                         Fair-Value Investigation of Stainless Steel Flanges
                                                                                                       exclusive functions and duties of the Assistant
                                               IX. Verification                                        Secretary for Enforcement and Compliance,              from India’’ dated concurrently with, and hereby
                                               X. Conclusion                                           ‘‘Deadlines Affected by the Shutdown of the            adopted by, this notice (Preliminary Decision
                                                                                                       Federal Government’’ (Tolling Memorandum),             Memorandum).
                                               [FR Doc. 2018–06153 Filed 3–27–18; 8:45 am]                                                                       4 See Antidumping Duties; Countervailing Duties,
                                                                                                       dated January 23, 2018. All deadlines in this
                                               BILLING CODE 3510–DS–P                                  segment of the proceeding have been extended by        Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                                                                       three days.                                               5 See Initiation Notice.




                                          VerDate Sep<11>2014   20:30 Mar 27, 2018   Jkt 244001   PO 00000   Frm 00025   Fmt 4703   Sfmt 4703   E:\FR\FM\28MRN1.SGM   28MRN1



Document Created: 2018-11-01 08:56:10
Document Modified: 2018-11-01 08:56:10
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
DatesApplicable March 28, 2018.
ContactTrenton Duncan or Carrie Bethea, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3539 or (202) 482-1491, respectively.
FR Citation83 FR 13244 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR