83_FR_3133 83 FR 3118 - Stainless Steel Flanges From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative and Alignment of Final Determination With Final Antidumping Duty Determination

83 FR 3118 - Stainless Steel Flanges From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 15 (January 23, 2018)

Page Range3118-3120
FR Document2018-01146

The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of stainless steel flanges from India. The period of investigation is January 1, 2016, through December 31, 2016.

Federal Register, Volume 83 Issue 15 (Tuesday, January 23, 2018)
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3118-3120]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01146]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-878]


Stainless Steel Flanges From India: Preliminary Affirmative 
Countervailing Duty Determination, Preliminary Affirmative and 
Alignment of Final Determination With Final Antidumping Duty 
Determination

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of stainless steel flanges from India. The period of 
investigation is January 1, 2016, through December 31, 2016.

DATES: Applicable January 23, 2018.

FOR FURTHER INFORMATION CONTACT: Ryan Mullen or Chelsey Simonovich, 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) 482-5260 or (202) 
482-2000, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(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 October 27, 2017, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
January 16, 2018.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics discussed 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 http://access.trade.gov, and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \1\ See Stainless Steel Flanges from India and the People's 
Republic of China: Initiation of Countervailing Duty Investigations, 
82 FR 42654 (September 11, 2017) (Initiation Notice).
    \2\ See Stainless Steel Flanges from India and the People's 
Republic of China: Postponement of Preliminary Determination of 
Countervailing Duty Investigations, 82 FR 49786 (October 27, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty Investigation of Stainless 
Steel Flanges from India,'' 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 India. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e. , scope).\5\ No interested 
party commented on the scope of the investigation as it appeared in the 
Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e. , a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    In making these findings, we relied, in part, on facts available 
and, because it finds that one or more respondents did not act to the 
best of their ability to respond to Commerce's requests for 
information, it drew an adverse inference where appropriate in 
selecting from among the facts otherwise available.\7\ For further 
information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Preliminary Affirmative Determination of Critical Circumstances

    In accordance with section 703(e)(1) of the Act, Commerce 
preliminarily determines that critical circumstances exist with respect 
to imports of stainless steel flanges from India for Bebitz

[[Page 3119]]

Flanges Works, Echjay Forgings Private Limited, and all other exporters 
or producers not individually examined. For a full description of the 
methodology and results of Commerce's analysis, see the Preliminary 
Decision Memorandum.

Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the final countervailing duty (CVD) determination in this 
investigation with the final determination in the companion antidumping 
duty (AD) investigation of stainless steel flanges from India based on 
a request made by the petitioners.\8\ Consequently, the final CVD 
determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
May 28, 2018, unless postponed.
---------------------------------------------------------------------------

    \8\ See Letter to the Secretary from the Petitioners, re: 
Petitioners''' Request to Align the Countervailing Duty Final 
Determination with the Antidumping Duty Final Determination, dated 
December 18, 2017.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act. In this investigation, Commerce preliminarily assigned 
a rate based entirely on facts available to Bebitz Flanges Works. 
Therefore, the only rate that is not zero, de minimis or based entirely 
on facts otherwise available is the rate calculated for Echjay Forgings 
Private Limited. Consequently, the rate calculated for Echjay Forgings 
Private Limited is also assigned as the rate for all-other producers 
and exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Bebitz Flanges Works \9\................................          239.61
Echjay Forgings Private Limited \10\....................            5.00
All-Others..............................................            5.00
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and 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. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.
---------------------------------------------------------------------------

    \9\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Bebitz Flanges Works: Viraj Profiles Limited.
    \10\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Echjay Forgings Private Limited: Echjay Forging Industries Private 
Limited.
---------------------------------------------------------------------------

    Section 703(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of subject 
merchandise produced and/or exported by Bebitz Flanges Works, Echjay 
Forgings Private Limited, and all-other producers and exporters. In 
accordance with section 703(e)(2)(A) of the Act, the suspension of 
liquidation shall apply to unliquidated entries of merchandise from the 
exporters/producers identified in this paragraph that were entered, or 
withdrawn from warehouse, for consumption on or after the date which is 
90 days before the publication of this notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\11\ 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.
---------------------------------------------------------------------------

    \11\ 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.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. 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.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).


[[Page 3120]]


    Dated: January 16, 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.
    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 this investigation 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 (HTS). While HTS 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. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Preliminary Determination of Critical Circumstances
VIII. Subsidies Valuation
IX. Benchmarks and Discount Rates
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. Calculation of the All-Others Rate
XIII. ITC Notification
XIV. Disclosure and Public Comment
XV. Verification
XVI. Conclusion

 [FR Doc. 2018-01146 Filed 1-22-18; 8:45 am]
 BILLING CODE P



                                                3118                          Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices

                                                the entire span between the longitudinal                DEPARTMENT OF COMMERCE                                 Centralized Electronic Service System
                                                edges of the ribbon for the entire length of                                                                   (ACCESS). ACCESS is available to
                                                the ribbon; (4) ribbon formed into a bow                International Trade Administration                     registered users at http://
                                                without a tab or other means for attaching the                                                                 access.trade.gov, and is available to all
                                                bow to an object using adhesives, where the             [C–533–878]
                                                bow has: (a) An outer layer that is either
                                                                                                                                                               parties in the Central Records Unit,
                                                flocked or made of fabric, and (b) a flexible           Stainless Steel Flanges From India:                    Room B8024 of the main Department of
                                                metal wire at the base that is suitable for             Preliminary Affirmative Countervailing                 Commerce building. In addition, a
                                                attaching the bow to a Christmas tree or other          Duty Determination, Preliminary                        complete version of the Preliminary
                                                object by twist-tying; (5) elastic ribbons,             Affirmative and Alignment of Final                     Decision Memorandum can be accessed
                                                meaning ribbons that elongate when                      Determination With Final Antidumping                   directly at http://enforcement.trade.gov/
                                                stretched and return to their original                  Duty Determination                                     frn/. The signed and electronic versions
                                                dimension when the stretching load is                                                                          of the Preliminary Decision
                                                removed; (6) ribbons affixed as a decorative            AGENCY:  Enforcement and Compliance,                   Memorandum are identical in content.
                                                detail to non-subject merchandise, such as a            International Trade Administration,
                                                gift bag, gift box, gift tin, greeting card or          Department of Commerce.                                Scope of the Investigation
                                                plush toy, or affixed (including by tying) as           SUMMARY: The Department of Commerce                       The products covered by this
                                                a decorative detail to packaging containing             (Commerce) preliminarily determines
                                                non subject merchandise; (7) ribbons that are
                                                                                                                                                               investigation are stainless steel flanges
                                                                                                        that countervailable subsidies are being               from India. For a complete description
                                                (a) affixed to non-subject merchandise as a
                                                                                                        provided to producers and exporters of                 of the scope of this investigation, see
                                                working component of such non-subject
                                                merchandise, such as where the ribbon                   stainless steel flanges from India. The                Appendix I.
                                                comprises a book marker, bag cinch, or part             period of investigation is January 1,
                                                of an identity card holder, or (b) affixed              2016, through December 31, 2016.                       Scope Comments
                                                (including by tying) to non-subject                     DATES: Applicable January 23, 2018.                      In accordance with the preamble to
                                                merchandise as a working component that                 FOR FURTHER INFORMATION CONTACT:                       Commerce’s regulations,4 the Initiation
                                                holds or packages such non-subject                      Ryan Mullen or Chelsey Simonovich,                     Notice set aside a period of time for
                                                merchandise or attaches packaging or                                                                           parties to raise issues regarding product
                                                                                                        AD/CVD Operations, Office V,
                                                labeling to such non-subject merchandise,
                                                                                                        Enforcement and Compliance,                            coverage, (i.e. , scope).5 No interested
                                                such as a ‘‘belly band’’ around a pair of
                                                pajamas, a pair of socks or a blanket; (8)              International Trade Administration,                    party commented on the scope of the
                                                imitation raffia made of plastics having a              U.S. Department of Commerce, 1401                      investigation as it appeared in the
                                                thickness not more than one (1) mil when                Constitution Avenue NW, Washington,                    Initiation Notice.
                                                measured in an unfolded/untwisted state;                DC 20230; telephone: (202) 482–5260 or                 Methodology
                                                and (9) ribbons in the form of bows having              (202) 482–2000, respectively.
                                                a diameter of less than seven-eighths (7⁄8) of          SUPPLEMENTARY INFORMATION:                                Commerce is conducting this
                                                an inch, or having a diameter of more than                                                                     investigation in accordance with section
                                                16 inches, based on actual measurement. For             Background                                             701 of the Act. For each of the subsidy
                                                purposes of this exclusion, the diameter of a              This preliminary determination is                   programs found countervailable,
                                                bow is equal to the diameter of the smallest                                                                   Commerce preliminarily determines
                                                circular ring through which the bow will
                                                                                                        made in accordance with section 703(b)
                                                                                                        of the Tariff Act of 1930, as amended                  that there is a subsidy, i.e. , a financial
                                                pass without compressing the bow.
                                                   Further, excluded from the scope of the              (the Act). Commerce published the                      contribution by an ‘‘authority’’ that
                                                antidumping duty order are any products                 notice of initiation of this investigation             gives rise to a benefit to the recipient,
                                                covered by the existing antidumping duty                on September 11, 2017.1 On October 27,                 and that the subsidy is specific.6
                                                order on polyethylene terephthalate film,               2017, Commerce postponed the                              In making these findings, we relied, in
                                                sheet, and strip (PET Film) from the People’s           preliminary determination of this                      part, on facts available and, because it
                                                Republic of China (China). See Polyethylene             investigation and the revised deadline is              finds that one or more respondents did
                                                Terephthalate Film, Sheet, and Strip from               now January 16, 2018.2 For a complete                  not act to the best of their ability to
                                                Brazil, the People’s Republic of China and                                                                     respond to Commerce’s requests for
                                                                                                        description of the events that followed
                                                the United Arab Emirates: Antidumping Duty                                                                     information, it drew an adverse
                                                Orders and Amended Final Determination of               the initiation of this investigation, see
                                                Sales at Less Than Fair Value for the United            the Preliminary Decision                               inference where appropriate in selecting
                                                Arab Emirates, 73 FR 66595 (November 10,                Memorandum.3 A list of topics                          from among the facts otherwise
                                                2008).                                                  discussed in the Preliminary Decision                  available.7 For further information, see
                                                   Merchandise covered by this investigation            Memorandum is included as Appendix                     ‘‘Use of Facts Otherwise Available and
                                                is currently classified in the Harmonized               II to this notice. The Preliminary                     Adverse Inferences’’ in the Preliminary
                                                Tariff Schedule of the United States (HTSUS)            Decision Memorandum is a public                        Decision Memorandum.
                                                under subheadings 3920.20.0015 and                      document and is on file electronically
                                                3926.40.0010. Merchandise covered by this                                                                      Preliminary Affirmative Determination
                                                                                                        via Enforcement and Compliance’s                       of Critical Circumstances
                                                investigation also may enter under
                                                subheadings 3920.10.0000; 3920.20.0055;                 Antidumping and Countervailing Duty
                                                                                                                                                                 In accordance with section 703(e)(1)
                                                3920.30.0000; 3920.43.5000; 3920.49.0000;
                                                                                                          1 See Stainless Steel Flanges from India and the     of the Act, Commerce preliminarily
                                                3920.62.0050; 3920.62.0090; 3920.69.0000;
                                                3921.90.1100; 3921.90.1500; 3921.90.1910;               People’s Republic of China: Initiation of              determines that critical circumstances
                                                                                                        Countervailing Duty Investigations, 82 FR 42654        exist with respect to imports of stainless
                                                3921.90.1950; 3921.90.4010; 3921.90.4090;               (September 11, 2017) (Initiation Notice).
                                                3926.90.9996; 5404.90.0000; 9505.90.4000;                 2 See Stainless Steel Flanges from India and the
                                                                                                                                                               steel flanges from India for Bebitz
sradovich on DSK3GMQ082PROD with NOTICES




                                                4601.99.9000; 4602.90.0000; 5609.00.3000;               People’s Republic of China: Postponement of
                                                5609.00.4000; and 6307.90.9889. These                   Preliminary Determination of Countervailing Duty
                                                                                                                                                                 4 See Antidumping Duties; Countervailing Duties,

                                                HTSUS subheadings are provided for                      Investigations, 82 FR 49786 (October 27, 2017).        Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                                                                                                                                 5 See Initiation Notice.
                                                convenience and customs purposes; the                     3 See Memorandum, ‘‘Decision Memorandum for
                                                                                                                                                                 6 See sections 771(5)(B) and (D) of the Act
                                                written description of the scope of this                the Preliminary Determination of the
                                                investigation is dispositive.                           Countervailing Duty Investigation of Stainless Steel   regarding financial contribution; section 771(5)(E)
                                                                                                        Flanges from India,’’ dated concurrently with, and     of the Act regarding benefit; and section 771(5A) of
                                                [FR Doc. 2018–01147 Filed 1–22–18; 8:45 am]             hereby adopted by, this notice (Preliminary            the Act regarding specificity.
                                                BILLING CODE 3510–DS–P                                  Decision Memorandum).                                    7 See sections 776(a) and (b) of the Act.




                                           VerDate Sep<11>2014   17:59 Jan 22, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\23JAN1.SGM   23JAN1


                                                                                       Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices                                                      3119

                                                Flanges Works, Echjay Forgings Private                             Suspension of Liquidation                             Public Comment
                                                Limited, and all other exporters or
                                                producers not individually examined.                                  In accordance with section                            Case briefs or other written comments
                                                For a full description of the                                      703(d)(1)(B) and (d)(2) of the Act,                   may be submitted to the Assistant
                                                methodology and results of Commerce’s                              Commerce will direct U.S. Customs and                 Secretary for Enforcement and
                                                analysis, see the Preliminary Decision                             Border Protection (CBP) to suspend                    Compliance no later than seven days
                                                Memorandum.                                                        liquidation of entries of subject                     after the date on which the last
                                                                                                                   merchandise as described in the scope                 verification report is issued in this
                                                Alignment                                                          of the investigation section entered, or              investigation. Rebuttal briefs, limited to
                                                   As noted in the Preliminary Decision                            withdrawn from warehouse, for                         issues raised in case briefs, may be
                                                Memorandum, in accordance with                                     consumption on or after the date of                   submitted no later than five days after
                                                section 705(a)(1) of the Act and 19 CFR                            publication of this notice in the Federal             the deadline date for case briefs.11
                                                351.210(b)(4), Commerce is aligning the                            Register. Further, pursuant to 19 CFR                 Pursuant to 19 CFR 351.309(c)(2) and
                                                final countervailing duty (CVD)                                    351.205(d), Commerce will instruct CBP                (d)(2), parties who submit case briefs or
                                                determination in this investigation with                           to require a cash deposit equal to the
                                                                                                                                                                         rebuttal briefs in this investigation are
                                                the final determination in the                                     rates indicated above.
                                                                                                                                                                         encouraged to submit with each
                                                companion antidumping duty (AD)                                       Section 703(e)(2) of the Act provides              argument: (1) A statement of the issue;
                                                investigation of stainless steel flanges                           that, given an affirmative determination              (2) a brief summary of the argument;
                                                from India based on a request made by                              of critical circumstances, any                        and (3) a table of authorities.
                                                the petitioners.8 Consequently, the final                          suspension of liquidation shall apply to
                                                CVD determination will be issued on                                unliquidated entries of merchandise                      Pursuant to 19 CFR 351.310(c),
                                                the same date as the final AD                                      entered, or withdrawn from warehouse,                 interested parties who wish to request a
                                                determination, which is currently                                  for consumption on or after the later of              hearing, limited to issues raised in the
                                                scheduled to be issued no later than                               (a) the date which is 90 days before the              case and rebuttal briefs, must submit a
                                                May 28, 2018, unless postponed.                                    date on which the suspension of                       written request to the Assistant
                                                                                                                   liquidation was first ordered, or (b) the             Secretary for Enforcement and
                                                All-Others Rate                                                                                                          Compliance, U.S. Department of
                                                                                                                   date on which notice of initiation of the
                                                   Sections 703(d) and 705(c)(5)(A) of                             investigation was published. Commerce                 Commerce within 30 days after the date
                                                the Act provide that in the preliminary                            preliminarily finds that critical                     of publication of this notice. Requests
                                                determination, Commerce shall                                      circumstances exist for imports of                    should contain the party’s name,
                                                determine an estimated all-others rate                             subject merchandise produced and/or                   address, and telephone number, the
                                                for companies not individually                                     exported by Bebitz Flanges Works,                     number of participants, whether any
                                                examined. This rate shall be an amount                             Echjay Forgings Private Limited, and                  participant is a foreign national, and a
                                                equal to the weighted average of the                               all-other producers and exporters. In                 list of the issues to be discussed. If a
                                                estimated subsidy rates established for                            accordance with section 703(e)(2)(A) of               request for a hearing is made, Commerce
                                                those companies individually                                       the Act, the suspension of liquidation                intends to hold the hearing at the U.S.
                                                examined, excluding any zero and de                                shall apply to unliquidated entries of                Department of Commerce, 1401
                                                minimis rates and any rates based                                  merchandise from the exporters/                       Constitution Avenue NW, Washington,
                                                entirely under section 776 of the Act. In                          producers identified in this paragraph                DC 20230, at a time and date to be
                                                this investigation, Commerce                                       that were entered, or withdrawn from                  determined. Parties should confirm by
                                                preliminarily assigned a rate based                                warehouse, for consumption on or after
                                                                                                                                                                         telephone the date, time, and location of
                                                entirely on facts available to Bebitz                              the date which is 90 days before the
                                                                                                                                                                         the hearing two days before the
                                                Flanges Works. Therefore, the only rate                            publication of this notice.
                                                                                                                                                                         scheduled date.
                                                that is not zero, de minimis or based
                                                                                                                   Disclosure
                                                entirely on facts otherwise available is                                                                                 International Trade Commission
                                                the rate calculated for Echjay Forgings                              Commerce intends to disclose its                    Notification
                                                Private Limited. Consequently, the rate                            calculations and analysis performed to
                                                calculated for Echjay Forgings Private                             interested parties in this preliminary                   In accordance with section 703(f) of
                                                Limited is also assigned as the rate for                           determination within five days of its                 the Act, Commerce will notify the
                                                all-other producers and exporters.                                 public announcement, or if there is no                International Trade Commission (ITC) of
                                                                                                                   public announcement, within five days                 its determination. If the final
                                                Preliminary Determination
                                                                                                                   of the date of this notice in accordance              determination is affirmative, the ITC
                                                  Commerce preliminarily determines                                with 19 CFR 351.224(b).                               will determine before the later of 120
                                                that the following estimated                                                                                             days after the date of this preliminary
                                                countervailable subsidy rates exist:                               Verification                                          determination or 45 days after the final
                                                                                                                 As provided in section 782(i)(1) of the                 determination.
                                                                                               Subsidy rate
                                                              Company                                         Act, Commerce intends to verify the                        Notification to Interested Parties
                                                                                                (percent)
                                                                                                              information relied upon in making its
                                                Bebitz Flanges Works 9 ........                        239.61 final determination.                                         This determination is issued and
                                                Echjay Forgings Private Lim-                                                                                             published pursuant to sections 703(f)
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                                                   ited 10 .................................                5.00     9 As discussed in the Preliminary Decision          and 777(i) of the Act and 19 CFR
                                                All-Others ..............................                   5.00   Memorandum, Commerce has found the following          351.205(c).
                                                                                                                   companies to be cross-owned with Bebitz Flanges
                                                                                                                   Works: Viraj Profiles Limited.
                                                  8 See Letter to the Secretary from the Petitioners,                10 As discussed in the Preliminary Decision

                                                re: Petitioners’’’ Request to Align the Countervailing             Memorandum, Commerce has found the following
                                                Duty Final Determination with the Antidumping                      companies to be cross-owned with Echjay Forgings
                                                                                                                                                                            11 See 19 CFR 351.309; see also 19 CFR 351.303
                                                Duty Final Determination, dated December 18,                       Private Limited: Echjay Forging Industries Private
                                                2017.                                                              Limited.                                              (for general filing requirements).



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                                                3120                          Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices

                                                  Dated: January 16, 2018.                              convenience and customs purposes, the                  Background
                                                Gary Taverman,                                          written description of the scope is
                                                                                                                                                                 Commerce published the Preliminary
                                                Deputy Assistant Secretary for Antidumping              dispositive.
                                                                                                                                                               Determination on November 6, 2017.1 A
                                                and Countervailing Duty Operations,                                                                            summary of the events that occurred
                                                                                                        Appendix II—List of Topics Discussed
                                                performing the non-exclusive functions and
                                                                                                        in the Preliminary Decision                            since Commerce published the
                                                duties of the Assistant Secretary for
                                                Enforcement and Compliance.                             Memorandum                                             Preliminary Determination, as well as a
                                                                                                                                                               full discussion of the issues raised by
                                                Appendix I—Scope of the Investigation                   I. Summary                                             parties for this final determination, may
                                                                                                        II. Background                                         be found in the Issues and Decision
                                                   The products covered by this investigation           III. Alignment                                         Memorandum 2 issued concurrently
                                                are certain forged stainless steel flanges,             IV. Scope Comments
                                                whether unfinished, semi-finished, or
                                                                                                                                                               with this notice. The Issues and
                                                                                                        V. Scope of the Investigation                          Decision Memorandum is a public
                                                finished (certain forged stainless steel
                                                flanges). Certain forged stainless steel flanges        VI. Injury Test                                        document and is on file electronically
                                                are generally manufactured to, but not                  VII. Preliminary Determination of Critical             via Enforcement and Compliance’s
                                                limited to, the material specification of                    Circumstances                                     Antidumping and Countervailing Duty
                                                ASTM/ASME A/SA182 or comparable                         VIII. Subsidies Valuation                              Centralized Electronic Service System
                                                domestic or foreign specifications. Certain             IX. Benchmarks and Discount Rates                      (ACCESS). ACCESS is available to
                                                forged stainless steel flanges are made in              X. Use of Facts Otherwise Available and                registered users at http://
                                                various grades such as, but not limited to,                  Adverse Inferences
                                                304, 304L, 316, and 316L (or combinations
                                                                                                                                                               access.trade.gov, and is available to all
                                                                                                        XI. Analysis of Programs
                                                thereof). The term ‘‘stainless steel’’ used in                                                                 parties in the Central Records Unit,
                                                                                                        XII. Calculation of the All-Others Rate
                                                this scope refers to an alloy steel containing,                                                                Room B8024 of the main Department of
                                                                                                        XIII. ITC Notification
                                                by actual weight, 1.2 percent or less of carbon         XIV. Disclosure and Public Comment
                                                                                                                                                               Commerce building. In addition, a
                                                and 10.5 percent or more of chromium, with
                                                                                                        XV. Verification
                                                                                                                                                               complete version of the Issues and
                                                or without other elements.                                                                                     Decision Memorandum can be accessed
                                                   Unfinished stainless steel flanges possess           XVI. Conclusion
                                                                                                                                                               directly at http://enforcement.trade.gov/
                                                the approximate shape of finished stainless             [FR Doc. 2018–01146 Filed 1–22–18; 8:45 am]            frn/. The signed Issues and Decision
                                                steel flanges and have not yet been machined
                                                to final specification after the initial forging
                                                                                                        BILLING CODE P                                         Memorandum and the electronic
                                                or like operations. These machining                                                                            version are identical in content.
                                                processes may include, but are not limited to,                                                                 Scope Comments
                                                boring, facing, spot facing, drilling, tapering,        DEPARTMENT OF COMMERCE
                                                threading, beveling, heating, or compressing.                                                                    In accordance with the Preliminary
                                                Semi-finished stainless steel flanges are               International Trade Administration                     Scope Memorandum, Commerce
                                                unfinished stainless steel flanges that have                                                                   provided parties an opportunity to
                                                undergone some machining processes.                     [C–570–061]                                            provide comments on all issues
                                                   The scope includes six general types of                                                                     regarding product coverage (i.e., scope).3
                                                flanges. They are: (1) Weld neck, generally             Countervailing Duty Investigation of                   Certain interested parties commented on
                                                used in butt-weld line connection; (2)                  Fine Denier Polyester Staple Fiber
                                                threaded, generally used for threaded line
                                                                                                                                                               the scope of the investigation as it
                                                                                                        From the People’s Republic of China:                   appeared in the Initiation Notice.4 As a
                                                connections; (3) slip-on, generally used to
                                                slide over pipe; (4) lap joint, generally used          Final Affirmative Determination                        result, the scope of this investigation
                                                with stub-ends/butt-weld line connections;                                                                     was modified for the preliminary
                                                (5) socket weld, generally used to fit pipe             AGENCY:  Enforcement and Compliance,                   determination. No further changes to the
                                                into a machine recession; and (6) blind,                International Trade Administration,                    scope of the investigation were made to
                                                generally used to seal off a line. The sizes            Department of Commerce.                                this final determination. For a summary
                                                and descriptions of the flanges within the                                                                     of the product coverage comments and
                                                scope include all pressure classes of ASME              SUMMARY:   The Department of Commerce
                                                                                                        (Commerce) determines that                             rebuttal responses submitted to the
                                                B16.5 and range from one-half inch to
                                                twenty-four inches nominal pipe size.                   countervailable subsidies are being
                                                                                                                                                                  1 See Fine Denier Polyester Staple Fiber from the
                                                Specifically excluded from the scope of this            provided to producers and exporters of
                                                                                                                                                               People’s Republic of China: Preliminary Affirmative
                                                investigation are cast stainless steel flanges.         fine denier polyester staple fiber (fine               Countervailing Duty Determination, 82 FR 51396
                                                Cast stainless steel flanges generally are              denier PSF) from the People’s Republic                 (November 6, 2017) (Preliminary Determination)
                                                manufactured to specification ASTM A351.                of China (China). The period of                        and accompanying Preliminary Decision
                                                   The country of origin for certain forged             investigation is January 1, 2016, through              Memorandum (Preliminary Decision
                                                stainless steel flanges, whether unfinished,                                                                   Memorandum).
                                                                                                        December 31, 2016. For information on                     2 See Commerce Memorandum, ‘‘Issues and
                                                semi-finished, or finished is the country
                                                where the flange was forged. Subject                    the estimated subsidy rates, see the                   Decision Memorandum for the Final Determination
                                                merchandise includes stainless steel flanges            ‘‘Final Determination and Suspension of                in the Countervailing Duty Investigation of Fine
                                                                                                        Liquidation’’ section of this notice.                  Denier Polyester Staple Fiber from the People’s
                                                as defined above that have been further
                                                                                                                                                               Republic of China,’’ dated concurrently with this
                                                processed in a third country. The processing                                                                   determination and hereby adopted by this notice
                                                includes, but is not limited to, boring, facing,
                                                                                                        DATES:   Applicable January 23, 2018.
                                                                                                                                                               (Issues and Decision Memorandum).
                                                spot facing, drilling, tapering, threading,             FOR FURTHER INFORMATION CONTACT:                          3 See Commerce Memorandum, ‘‘Fine Denier
                                                beveling, heating, or compressing, and/or any           Yasmin Bordas or Davina Friedmann,                     Polyester Staple Fiber from the People’s Republic
                                                other processing that would not otherwise               AD/CVD Operations, Office VI,                          of China, India, Republic of Korea, and Taiwan:
                                                remove the merchandise from the scope of                                                                       Scope Comments Decision Memorandum for the
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                                                the investigation if performed in the country
                                                                                                        Enforcement and Compliance,                            Preliminary Determinations,’’ dated December 8 31,
                                                of manufacture of the stainless steel flanges.          International Trade Administration,                    2017 (Preliminary Scope Memorandum); see also
                                                                                                        U.S. Department of Commerce, 1401                      See Commerce Memorandum, ‘‘Due Dates for Case
                                                   Merchandise subject to the investigation is
                                                                                                                                                               and Rebuttal Briefs Regarding the Scope,’’ dated
                                                typically imported under headings                       Constitution Avenue NW, Washington,                    December 11, 2017.
                                                7307.21.1000 and 7307.21.5000 of the                    DC 20230; telephone (202) 482–3813 or                     4 See Fine Denier Polyester Staple Fiber from
                                                Harmonized Tariff Schedule of the United                (202) 482–0698, respectively.                          India and the People’s Republic of China: Initiation
                                                States (HTS). While HTS subheadings and                                                                        of Countervailing Duty Investigations, 82 FR 29029
                                                ASTM specifications are provided for                    SUPPLEMENTARY INFORMATION:                             (June 27, 2017) (Initiation Notice).



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Document Created: 2018-01-23 01:08:47
Document Modified: 2018-01-23 01:08:47
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 January 23, 2018.
ContactRyan Mullen or Chelsey Simonovich, 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) 482-5260 or (202) 482-2000, respectively.
FR Citation83 FR 3118 

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