83 FR 15790 - Countervailing Duty Investigation of Stainless Steel Flanges From the People's Republic of China: Final Affirmative Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 71 (April 12, 2018)
International Trade Administration
Federal Register Volume 83, Issue 71 (April 12, 2018)
| Page Range | 15790-15791 | |
| FR Document | 2018-07587 |
[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)] [Notices] [Pages 15790-15791] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07587] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-065] Countervailing Duty Investigation of Stainless Steel Flanges From the People's Republic of China: Final Affirmative Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers/exporters of stainless steel flanges from the People's Republic of China (China). The period of investigation is January 1, 2016, through December 31, 2016. DATES: Applicable April 12, 2018. FOR FURTHER INFORMATION CONTACT: Justin Neuman or Jerry Huang, 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) 482-0486 or (202) 482-4047, respectively. SUPPLEMENTARY INFORMATION: Background The Preliminary Determination in this investigation was published on January 23, 2018.\1\ Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. As a result, the revised deadline for the final determination of this investigation is now April 4, 2018.\2\ We invited interested parties to comment on the Preliminary Determination. However, we received no comments from any interested parties. --------------------------------------------------------------------------- \1\ See Countervailing Duty Investigation of Stainless Steel Flanges from the People's Republic of China: Preliminary Affirmative Determination, 83 FR 3124 (January 23, 2018) (Preliminary Determination). \2\ See Memorandum, ``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. --------------------------------------------------------------------------- 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 the Appendix to this notice. Analysis of Subsidy Programs and Comments Received As noted above, we received no comments pertaining to the Preliminary Determination. As stated in the Preliminary Determination, we found that the mandatory respondents in these investigations, Bothwell (Jiangyan) Steel Fittings Co., Ltd.; Hydro Fluids Controls Limited; Jiangyin Shengda Brite Line Kasugai Flange Co., Ltd.; and Qingdao I-Flow Co., Ltd.; did not cooperate to the best of their abilities and, accordingly, we determined it appropriate to apply facts otherwise available with adverse inferences, in accordance with section 776(a)-(b) of the Tariff Act of 1930, as amended (the Act).\3\ For the purposes of the final determination, Commerce has made no changes to the Preliminary Determination. --------------------------------------------------------------------------- \3\ See Preliminary Determination, 83 FR at 3124-3125. --------------------------------------------------------------------------- All-Others Rate As discussed in the Preliminary Determination, Commerce based the selection of the ``All-Others'' rate on the countervailable subsidy rate established for the mandatory respondents in accordance with section 705(c)(5)(A)(ii) of the Act.\4\ We made no changes to the selection of this rate for this final determination. --------------------------------------------------------------------------- \4\ Id., 83 FR at 3125. --------------------------------------------------------------------------- Final Determination Commerce determines that the following estimated countervailable subsidy rates exist: ------------------------------------------------------------------------ Subsidy Company rate (percent) ------------------------------------------------------------------------ Bothwell (Jiangyan) Steel Fittings Co., Ltd................. 174.73 Hydro-Fluids Controls Limited............................... 174.73 Jiangyin Shengda Brite Line Kasugai Flange Co., Ltd......... 174.73 Qingdao I-Flow Co., Ltd..................................... 174.73 All-Others.................................................. 174.73 ------------------------------------------------------------------------ Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to section 703(d)(1)(B) and (d)(2) of the Act, Commerce directed U.S. Customs and [[Page 15791]] Border Protection (CBP) to suspend liquidation of entries 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. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order, will continue the suspension of liquidation under section 706(a) of the Act, and will require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. International Trade Commission Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Notification Regarding Administrative Protective Orders In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: April 4, 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--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. 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 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. [FR Doc. 2018-07587 Filed 4-11-18; 8:45 am] BILLING CODE 3510-DS-P
![15790 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices
Postponement of Preliminary Dated: April 6, 2018. no comments from any interested
Determinations Gary Taverman, parties.
Deputy Assistant Secretary for Antidumping
Section 703(b)(1) of the Tariff Act of Scope of the Investigation
and Countervailing Duty Operations,
1930, as amended (the Act) requires performing the non-exclusive functions and The products covered by this
Commerce to issue the preliminary duties of the Assistant Secretary for investigation are stainless steel flanges
determination in a CVD investigation Enforcement and Compliance. from China. For a complete description
within 65 days after the date on which [FR Doc. 2018–07588 Filed 4–11–18; 8:45 am] of the scope of this investigation, see the
Commerce initiated the investigation. BILLING CODE 3510–DS–P Appendix to this notice.
However, section 703(c)(1)(A) of the Act
permits Commerce to postpone the Analysis of Subsidy Programs and
preliminary determination until no later DEPARTMENT OF COMMERCE Comments Received
than 130 days after the date on which As noted above, we received no
Commerce initiated the investigation if International Trade Administration comments pertaining to the Preliminary
a petitioner makes a timely request for Determination. As stated in the
a postponement. Under 19 CFR [C–570–065] Preliminary Determination, we found
351.205(e), a petitioner must submit a that the mandatory respondents in these
request for postponement 25 days or Countervailing Duty Investigation of investigations, Bothwell (Jiangyan) Steel
more before the scheduled date of the Stainless Steel Flanges From the Fittings Co., Ltd.; Hydro Fluids Controls
preliminary determination and must People’s Republic of China: Final Limited; Jiangyin Shengda Brite Line
state the reason for the request. Affirmative Determination Kasugai Flange Co., Ltd.; and Qingdao I-
Commerce will grant the request unless Flow Co., Ltd.; did not cooperate to the
it finds compelling reasons to deny the AGENCY: Enforcement and Compliance, best of their abilities and, accordingly,
request.2 International Trade Administration, we determined it appropriate to apply
Department of Commerce. facts otherwise available with adverse
On March 27, 2018, Alliance Rubber
Co. (the petitioner) submitted a timely SUMMARY: The Department of Commerce inferences, in accordance with section
request, pursuant to section 703(c)(1)(A) (Commerce) determines that 776(a)–(b) of the Tariff Act of 1930, as
of the Act and 19 CFR 351.205(e), to countervailable subsidies are being amended (the Act).3 For the purposes of
postpone fully the preliminary provided to producers/exporters of the final determination, Commerce has
determinations.3 The petitioner stated stainless steel flanges from the People’s made no changes to the Preliminary
that the purpose of its request is to Republic of China (China). The period Determination.
provide Commerce with adequate time of investigation is January 1, 2016,
through December 31, 2016. All-Others Rate
to analyze fully ‘questionnaire
responses to determine the extent to DATES: Applicable April 12, 2018. As discussed in the Preliminary
which countervailable subsidies are Determination, Commerce based the
FOR FURTHER INFORMATION CONTACT: selection of the ‘‘All-Others’’ rate on the
used by the respondents.4
Justin Neuman or Jerry Huang, AD/CVD countervailable subsidy rate established
In accordance with 19 CFR Operations, Office V, Enforcement and
351.205(e), the petitioner stated the for the mandatory respondents in
Compliance, International Trade accordance with section 705(c)(5)(A)(ii)
reason for requesting a postponement of Administration, U.S. Department of
the preliminary determinations and the of the Act.4 We made no changes to the
Commerce, 1401 Constitution Avenue selection of this rate for this final
record does not present any compelling NW, Washington, DC 20230; telephone
reasons to deny the request. Therefore, determination.
(202) 482–0486 or (202) 482–4047,
in accordance with section 703(c)(1)(A) respectively. Final Determination
of the Act, Commerce is postponing the
SUPPLEMENTARY INFORMATION: Commerce determines that the
deadline for the preliminary
following estimated countervailable
determinations to July 2, 2018.5 In Background subsidy rates exist:
accordance with section 705(a)(1) of the
Act and 19 CFR 351.210(b)(1), the The Preliminary Determination in this
Subsidy
deadline for the final determinations of investigation was published on January Company rate
these investigations will continue to be 23, 2018.1 Commerce exercised its (percent)
75 days after the date of the preliminary discretion to toll all deadlines affected
determinations, unless postponed at a by the closure of the Federal Bothwell (Jiangyan) Steel Fit-
Government from January 20 through tings Co., Ltd ........................... 174.73
later date.
22, 2018. As a result, the revised Hydro-Fluids Controls Limited .... 174.73
This notice is issued and published Jiangyin Shengda Brite Line
pursuant to section 703(c)(2) of the Act deadline for the final determination of
Kasugai Flange Co., Ltd ......... 174.73
and 19 CFR 351.205(f)(1). this investigation is now April 4, 2018.2 Qingdao I-Flow Co., Ltd ............. 174.73
We invited interested parties to All-Others .................................... 174.73
2 See
comment on the Preliminary
19 CFR 351.205(e).
3 See Letter from the petitioner, ‘‘Petitioner’s
Determination. However, we received Continuation of Suspension of
Request for Postponement of the Preliminary Liquidation
Determinations,’’ dated March 27, 2018. 1 See Countervailing Duty Investigation of
sradovich on DSK3GMQ082PROD with NOTICES
4 Id. at 2. Stainless Steel Flanges from the People’s Republic As a result of our Preliminary
5 The actual deadline is June 30, 2018, which is of China: Preliminary Affirmative Determination, 83 Determination and pursuant to section
a Saturday. Commerce’s practice dictates that where FR 3124 (January 23, 2018) (Preliminary 703(d)(1)(B) and (d)(2) of the Act,
a deadline falls on a weekend or federal holiday, Determination).
Commerce directed U.S. Customs and
the appropriate deadline is the next business day. 2 See Memorandum, ‘‘Deadlines Affected by the
See Notice of Clarification: Application of ‘‘Next Shutdown of the Federal Government’’ (Tolling
3 See Preliminary Determination, 83 FR at 3124–
Business Day’’ Rule for Administrative Memorandum), dated January 23, 2018. All
Determination Deadlines Pursuant to the Tariff Act deadlines in this segment of the proceeding have 3125.
of 1930, As Amended, 70 FR 24533 (May 10, 2005). been extended by 3 days. 4 Id., 83 FR at 3125.
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![Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15791
Border Protection (CBP) to suspend Dated: April 4, 2018. written description of the scope is
liquidation of entries of subject Gary Taverman, dispositive.
merchandise as described in the scope Deputy Assistant Secretary for Antidumping [FR Doc. 2018–07587 Filed 4–11–18; 8:45 am]
of the investigation section entered, or and Countervailing Duty Operations, BILLING CODE 3510–DS–P
withdrawn from warehouse, for performing the non-exclusive functions and
duties of the Assistant Secretary for
consumption on or after the date of
Enforcement and Compliance. DEPARTMENT OF COMMERCE
publication of this notice in the Federal
Register. Appendix—Scope of the Investigation
National Oceanic and Atmospheric
If the U.S. International Trade The products covered by this investigation Administration
Commission (ITC) issues a final are certain forged stainless steel flanges,
whether unfinished, semi-finished, or
affirmative injury determination, we RIN 0648–XG142
finished (certain forged stainless steel
will issue a CVD order, will continue flanges). Certain forged stainless steel flanges
the suspension of liquidation under are generally manufactured to, but not Magnuson-Stevens Act Provisions;
section 706(a) of the Act, and will limited to, the material specification of General Provisions for Domestic
require a cash deposit of estimated ASTM/ASME A/SA182 or comparable Fisheries; Application for Exempted
countervailing duties for such entries of domestic or foreign specifications. Certain Fishing Permits
forged stainless steel flanges are made in
subject merchandise in the amounts various grades such as, but not limited to, AGENCY: National Marine Fisheries
indicated above. If the ITC determines 304, 304L, 316, and 316L (or combinations Service (NMFS), National Oceanic and
that material injury, or threat of material thereof). The term ‘‘stainless steel’’ used in Atmospheric Administration (NOAA),
injury, does not exist, this proceeding this scope refers to an alloy steel containing,
Commerce.
will be terminated and all estimated by actual weight, 1.2 percent or less of carbon
and 10.5 percent or more of chromium, with ACTION: Notice; request for comments.
duties deposited or securities posted as
or without other elements.
a result of the suspension of liquidation Unfinished stainless steel flanges possess SUMMARY: The Assistant Regional
will be refunded or canceled. the approximate shape of finished stainless Administrator for Sustainable Fisheries,
steel flanges and have not yet been machined Greater Atlantic Region, NMFS
International Trade Commission
to final specification after the initial forging (Assistant Regional Administrator), has
Notification or like operations. These machining made a preliminary determination that
processes may include, but are not limited to,
In accordance with section 705(d) of boring, facing, spot facing, drilling, tapering,
three exempted fishing permit
the Act, Commerce will notify the ITC threading, beveling, heating, or compressing. applications contain all of the required
of its determination. In addition, we are Semi-finished stainless steel flanges are information and warrant further
making available to the ITC all non- unfinished stainless steel flanges that have consideration. These exempted fishing
privileged and non-proprietary undergone some machining processes. permits would authorize five
information related to this investigation. The scope includes six general types of commercial fishing vessels to test the
flanges. They are: (1) Weld neck, generally economic viability of using hook gear to
We will allow the ITC access to all used in butt-weld line connection; (2)
privileged and business proprietary selectively target pollock and haddock
threaded, generally used for threaded line
information in our files, provided the connections; (3) slip-on, generally used to
in the Western Gulf of Maine and
ITC confirms that it will not disclose slide over pipe; (4) lap joint, generally used Cashes Ledge Closure Areas (excluding
with stub-ends/butt-weld line connections; the Cashes Ledge Habitat Management
such information, either publicly or
(5) socket weld, generally used to fit pipe Area), and to temporarily retain
under an administrative protective order
into a machine recession; and (6) blind, undersized catch for measurement and
(APO), without the written consent of generally used to seal off a line. The sizes data collection.
the Assistant Secretary for Enforcement and descriptions of the flanges within the Regulations under the Magnuson-
and Compliance. scope include all pressure classes of ASME
Stevens Fishery Conservation and
B16.5 and range from one-half inch to
Notification Regarding Administrative twenty-four inches nominal pipe size. Management Act require publication of
Protective Orders Specifically excluded from the scope of these this notification to provide interested
orders are cast stainless steel flanges. Cast parties the opportunity to comment on
In the event that the ITC issues a final stainless steel flanges generally are applications for proposed exempted
negative injury determination, this manufactured to specification ASTM A351. fishing permits.
notice will serve as the only reminder The country of origin for certain forged
DATES: Comments must be received on
to parties subject to an APO of their stainless steel flanges, whether unfinished,
semi-finished, or finished is the country or before April 27, 2018.
responsibility concerning the where the flange was forged. Subject ADDRESSES: You may submit written
destruction of proprietary information merchandise includes stainless steel flanges comments by any of the following
disclosed under APO in accordance as defined above that have been further methods:
with 19 CFR 351.305(a)(3). Timely processed in a third country. The processing
• Email: NMFS.GAR.EFP@noaa.gov.
written notification of the return/ includes, but is not limited to, boring, facing,
spot facing, drilling, tapering, threading, Include in the subject line ‘‘Comments
destruction of APO materials or on EFP Applications for Hook Gear
beveling, heating, or compressing, and/or any
conversion to judicial protective order is other processing that would not otherwise Access to WGOM and Cashes Ledge
hereby requested. Failure to comply remove the merchandise from the scope of Closure Areas.’’
with the regulations and terms of an the investigations if performed in the country • Mail: Michael Pentony, Regional
sradovich on DSK3GMQ082PROD with NOTICES
APO is a violation which is subject to of manufacture of the stainless steel flanges. Administrator, NMFS, Greater Atlantic
sanction. Merchandise subject to the investigation is Regional Fisheries Office, 55 Great
typically imported under headings
This determination is issued and 7307.21.1000 and 7307.21.5000 of the
Republic Drive, Gloucester, MA 01930.
published pursuant to sections 705(d) Harmonized Tariff Schedule of the United Mark the outside of the envelope
and 777(i) of the Act and 19 CFR States (HTSUS). While HTSUS subheadings ‘‘Comments on EFP Applications for
351.210(c). and ASTM specifications are provided for Hook Gear Access to WGOM and Cashes
convenience and customs purposes, the Ledge Closure Areas.’’
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Document Created: 2018-11-02 08:14:25
Document Modified: 2018-11-02 08:14:25
| 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 | Applicable April 12, 2018. | |
| Contact | Justin Neuman or Jerry Huang, 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) 482-0486 or (202) 482-4047, respectively. | |
| FR Citation | 83 FR 15790 |
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