83_FR_3139 83 FR 3124 - Countervailing Duty Investigation of Stainless Steel Flanges From the People's Republic of China: Preliminary Affirmative Determination

83 FR 3124 - Countervailing Duty Investigation of Stainless Steel Flanges From the People's Republic of China: Preliminary Affirmative Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range3124-3126
FR Document2018-01145

The Department of Commerce (Commerce) preliminarily 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. We invite interested parties to comment on this preliminary determination.

Federal Register, Volume 83 Issue 15 (Tuesday, January 23, 2018)
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3124-3126]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01145]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-065]


Countervailing Duty Investigation of Stainless Steel Flanges From 
the People's Republic of China: Preliminary Affirmative 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/
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. We invite interested parties to comment on this 
preliminary determination.

DATES: Applicable January 23, 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

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (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 to 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 at 
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 Determinations 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 the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

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

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.\4\
---------------------------------------------------------------------------

    \4\ 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, Commerce relied totally on facts 
available, because neither the GOC nor any of the selected mandatory 
respondent companies responded to the questionnaire. Further,

[[Page 3125]]

because these parties did not act to the best of their ability to 
respond to Commerce's requests for information, Commerce drew an 
adverse inference in selecting from among the facts otherwise 
available.\5\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

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 mandatory respondents 
Bothwell (Jiangyan) Steel Fittings Co., Ltd., Hydro-Fluids Controls 
Limited, Jiangyin Shengda Brite Line Kasugai Flange Co., Ltd, and 
Qingdao I-Flow Co., Ltd. There is no other information on the record 
with which to determine an all-others rate. As a result, in accordance 
with section 705(c)(5)(A)(ii) of the Act, we have established the all-
others rate by applying the countervailable subsidy rate established 
for the mandatory respondents. Consequently, the rate calculated for 
the mandatory respondents 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)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

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.

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.\6\ 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.
---------------------------------------------------------------------------

    \6\ 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).

    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 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

[[Page 3126]]

States (HTSUS). While HTSUS subheadings and ASTM specifications are 
provided for convenience and customs purposes, the written 
description of the scope is dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports from China
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Calculation of the All-Others Rate
IX. ITC Notification
X. Public Comment
XI. Conclusion

[FR Doc. 2018-01145 Filed 1-22-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                3124                          Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices

                                                  This determination is issued and                      Appendix II                                            (Act). Commerce published the notice of
                                                published pursuant to sections 705(d)                   Scope of the Investigation                             initiation of this investigation on
                                                and 777(i) of the Act.                                                                                         September 11, 2017.1 On October 27,
                                                                                                           The merchandise covered by this                     2017, Commerce postponed the
                                                  Dated: January 16, 2018.                              investigation is fine denier polyester staple
                                                                                                        fiber (fine denier PSF), not carded or combed,         preliminary determination of this
                                                Gary Taverman,
                                                                                                        measuring less than 3.3 decitex (3 denier) in          investigation to January 16, 2018.2 For
                                                Deputy Assistant Secretary for Antidumping                                                                     a complete description of the events that
                                                                                                        diameter. The scope covers all fine denier
                                                and Countervailing Duty Operations,                                                                            followed the initiation of this
                                                                                                        PSF, whether coated or uncoated. The
                                                performing the non-exclusive functions and
                                                duties of the Assistant Secretary for
                                                                                                        following products are excluded from the               investigation, see the Preliminary
                                                                                                        scope:                                                 Decision Memorandum.3 A list of topics
                                                Enforcement and Compliance.
                                                                                                           (1) PSF equal to or greater than 3.3 decitex        discussed in the Preliminary Decision
                                                Appendix I                                              (more than 3 denier, inclusive) currently              Memorandum is included at Appendix
                                                                                                        classifiable under Harmonized Tariff
                                                List of Topics Discussed in the Issues and                                                                     II to this notice. The Preliminary
                                                                                                        Schedule of the United States (HTSUS)
                                                Decision Memorandum                                     subheadings 5503.20.0045 and 5503.20.0065.             Decision Memorandum is a public
                                                                                                           (2) Low-melt PSF defined as a bi-                   document and is on file electronically
                                                I. Summary
                                                                                                        component polyester fiber having a polyester           via Enforcement and Compliance’s
                                                II. List of Issues
                                                                                                        fiber component that melts at a lower                  Antidumping and Countervailing Duty
                                                III. Background
                                                IV. Scope Comments
                                                                                                        temperature than the other polyester fiber             Centralized Electronic Service System
                                                                                                        component, which is currently classifiable             (ACCESS). ACCESS is available to
                                                V. Scope of the Investigation                           under HTSUS subheading 5503.20.0015.
                                                VI. Subsidies Valuation Information                                                                            registered users at http://
                                                                                                           Fine denier PSF is classifiable under the           access.trade.gov, and is available to all
                                                VII. Benchmarks and Interest Rates                      HTSUS subheading 5503.20.0025. Although
                                                VIII. Use of Facts Otherwise Available and              the HTSUS subheadings are provided for
                                                                                                                                                               parties in the Central Records Unit,
                                                      Adverse Inferences                                convenience and customs purposes, the                  Room B8024 of the main Department of
                                                IX. Analysis of Programs                                written description of the scope of the                Commerce building. In addition, a
                                                X. Analysis of Comments                                 investigations is dispositive.                         complete version of the Preliminary
                                                   Comment 1: Whether to Countervail the                [FR Doc. 2018–01151 Filed 1–22–18; 8:45 am]
                                                                                                                                                               Decision Memorandum can be accessed
                                                      AAP and DDB                                                                                              directly at http://enforcement.trade.gov/
                                                                                                        BILLING CODE 3510–DS–P
                                                   Comment 2: Whether to Apply AFA to                                                                          frn/. The signed and electronic versions
                                                      Reliance and Bombay Dyeing’s                                                                             of the Preliminary Decision
                                                      Discovered Benefits under the TUFS                                                                       Memorandum are identical in content.
                                                   Comment 3: Treatment of the EPCG
                                                                                                        DEPARTMENT OF COMMERCE
                                                   Comment 4: Whether to Apply AFA to                                                                          Scope of the Investigation
                                                                                                        International Trade Administration
                                                      Bombay Dyeing’s Unreported Benefits                                                                         The products covered by this
                                                      from the SHIS                                     [C–570–065]                                            investigation are stainless steel flanges
                                                   Comment 5: Whether Commerce should                                                                          from China. For a complete description
                                                      countervail the FPS/IEIS                          Countervailing Duty Investigation of                   of the scope of this investigation, see
                                                   Comment 6: Whether Commerce should                   Stainless Steel Flanges From the                       Appendix I.
                                                      countervail the SGOM PSI                          People’s Republic of China:
                                                   Comment 7: Whether to Apply AFA to the               Preliminary Affirmative Determination                  Methodology
                                                      POI Value of Bombay Dyeing’s                                                                               Commerce is conducting this
                                                      Company-Wide Sales and Company-                   AGENCY:  Enforcement and Compliance,
                                                                                                        International Trade Administration,                    investigation in accordance with section
                                                      Wide Export Sales
                                                   Comment 8: Whether to Apply AFA to                   Department of Commerce.                                701 of the Act. For each of the subsidy
                                                      Reliance’s Unreported Benefits from the           SUMMARY: The Department of Commerce
                                                                                                                                                               programs found countervailable,
                                                      AAP                                               (Commerce) preliminarily determines                    Commerce preliminarily determines
                                                   Comment 9: Whether to Apply AFA to                   that countervailable subsidies are being               that there is a subsidy, i.e., a financial
                                                      Reliance’s Unreported Benefits from the           provided to producers/exporters of                     contribution by an ‘‘authority’’ that
                                                      MEIS and the MLFPS                                stainless steel flanges from the People’s              gives rise to a benefit to the recipient,
                                                   Comment 10: Whether to Apply AFA to                  Republic of China (China). The period                  and that the subsidy is specific.4
                                                      Reliance’s Alleged Benefits for EOU                                                                        In making these findings, Commerce
                                                                                                        of investigation is January 1, 2016,
                                                      programs                                                                                                 relied totally on facts available, because
                                                                                                        through December 31, 2016. We invite
                                                   Comment 11: Whether to Apply AFA to                                                                         neither the GOC nor any of the selected
                                                                                                        interested parties to comment on this
                                                      Reliance’s Purported Benefits for Two                                                                    mandatory respondent companies
                                                      Income Deductions Related to SEZ                  preliminary determination.
                                                                                                                                                               responded to the questionnaire. Further,
                                                      programs                                          DATES: Applicable January 23, 2018.
                                                   Comment 12: Whether to Apply AFA to                  FOR FURTHER INFORMATION CONTACT:                         1 See Stainless Steel Flanges from India and the

                                                      Reliance’s Purported Benefits under               Justin Neuman or Jerry Huang, AD/CVD                   People’s Republic of China: Initiation of
                                                      Section 35(1)(iv), Section 35(I)(ii), and         Operations, Office V, Enforcement and                  Countervailing Duty Investigations, 82 FR 42654
                                                      Section 35(I)(i) Income Tax Deductions                                                                   (September 11, 2017) (Initiation Notice).
                                                                                                        Compliance, International Trade                          2 See Stainless Steel Flanges from India and the
                                                   Comment 13: Whether to Apply AFA to                  Administration, U.S. Department of                     People’s Republic of China: Postponement of
                                                      Reliance’s Unreported Benefits for SEZ            Commerce, 1401 Constitution Avenue                     Preliminary Determinations of Countervailing Duty
                                                      programs                                          NW, Washington, DC 20230; telephone                    Investigations, 82 FR 49786 (October 27, 2017).
                                                   Comment 14: Whether to Revise the                    (202) 482–0486 or (202) 482–4047,                        3 See Memorandum, ‘‘Decision Memorandum for
sradovich on DSK3GMQ082PROD with NOTICES




                                                      Application of AFA Rates for SEZ                                                                         the Preliminary Determination of the
                                                                                                        respectively.
                                                      programs                                                                                                 Countervailing Duty Investigation of Stainless Steel
                                                   Comment 15: Whether to Apply Total AFA               SUPPLEMENTARY INFORMATION:                             Flanges from the People’s Republic of China,’’ dated
                                                      to Reliance                                                                                              concurrently with, and hereby adopted by, this
                                                                                                        Background                                             notice (Preliminary Decision Memorandum).
                                                   Comment 16: Whether to Revise the                                                                             4 See sections 771(5)(B) and (D) of the Act
                                                      Calculation of Benefits Received under              This preliminary determination is                    regarding financial contribution; section 771(5)(E)
                                                      the EPCG                                          made in accordance with section 703(b)                 of the Act regarding benefit; and section 771(5A) of
                                                XI. Recommendation                                      of the Tariff Act of 1930, as amended                  the Act regarding specificity.



                                           VerDate Sep<11>2014   17:59 Jan 22, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\23JAN1.SGM   23JAN1


                                                                                       Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices                                                  3125

                                                because these parties did not act to the                         of the investigation section entered, or               and 777(i) of the Act and 19 CFR
                                                best of their ability to respond to                              withdrawn from warehouse, for                          351.205(c).
                                                Commerce’s requests for information,                             consumption on or after the date of                      Dated: January 16, 2018.
                                                Commerce drew an adverse inference in                            publication of this notice in the Federal              Gary Taverman,
                                                selecting from among the facts                                   Register. Further, pursuant to 19 CFR
                                                                                                                                                                        Deputy Assistant Secretary for Antidumping
                                                otherwise available.5 For further                                351.205(d), Commerce will instruct CBP                 and Countervailing Duty Operations,
                                                information, see ‘‘Use of Facts                                  to require a cash deposit equal to the                 performing the non-exclusive functions and
                                                Otherwise Available and Adverse                                  rates indicated above.                                 duties of the Assistant Secretary for
                                                Inferences’’ in the Preliminary Decision                                                                                Enforcement and Compliance.
                                                Memorandum.                                                      Public Comment
                                                                                                                    Case briefs or other written comments               Appendix I—Scope of the Investigation
                                                All-Others Rate                                                  may be submitted to the Assistant                         The products covered by this investigation
                                                  Sections 703(d) and 705(c)(5)(A) of                            Secretary for Enforcement and                          are certain forged stainless steel flanges,
                                                the Act provide that in the preliminary                          Compliance no later than seven days                    whether unfinished, semi-finished, or
                                                determination, Commerce shall                                    after the date on which the last                       finished (certain forged stainless steel
                                                determine an estimated all-others rate                           verification report is issued in this                  flanges). Certain forged stainless steel flanges
                                                for companies not individually                                                                                          are generally manufactured to, but not
                                                                                                                 investigation. Rebuttal briefs, limited to
                                                examined. This rate shall be an amount                                                                                  limited to, the material specification of
                                                                                                                 issues raised in case briefs, may be                   ASTM/ASME A/SA182 or comparable
                                                equal to the weighted average of the                             submitted no later than five days after                domestic or foreign specifications. Certain
                                                estimated subsidy rates established for                          the deadline date for case briefs.6                    forged stainless steel flanges are made in
                                                those companies individually                                     Pursuant to 19 CFR 351.309(c)(2) and                   various grades such as, but not limited to,
                                                examined, excluding any zero and de                              (d)(2), parties who submit case briefs or              304, 304L, 316, and 316L (or combinations
                                                minimis rates and any rates based                                rebuttal briefs in this investigation are              thereof). The term ‘‘stainless steel’’ used in
                                                entirely under section 776 of the Act. In                        encouraged to submit with each                         this scope refers to an alloy steel containing,
                                                this investigation, Commerce                                                                                            by actual weight, 1.2 percent or less of carbon
                                                                                                                 argument: (1) A statement of the issue;
                                                preliminarily assigned a rate based                                                                                     and 10.5 percent or more of chromium, with
                                                                                                                 (2) a brief summary of the argument;                   or without other elements.
                                                entirely on facts available to mandatory                         and (3) a table of authorities.                           Unfinished stainless steel flanges possess
                                                respondents Bothwell (Jiangyan) Steel                               Pursuant to 19 CFR 351.310(c),                      the approximate shape of finished stainless
                                                Fittings Co., Ltd., Hydro-Fluids Controls                        interested parties who wish to request a               steel flanges and have not yet been machined
                                                Limited, Jiangyin Shengda Brite Line                             hearing, limited to issues raised in the               to final specification after the initial forging
                                                Kasugai Flange Co., Ltd, and Qingdao I-                          case and rebuttal briefs, must submit a                or like operations. These machining
                                                Flow Co., Ltd. There is no other                                 written request to the Assistant                       processes may include, but are not limited to,
                                                information on the record with which to                          Secretary for Enforcement and                          boring, facing, spot facing, drilling, tapering,
                                                determine an all-others rate. As a result,                                                                              threading, beveling, heating, or compressing.
                                                                                                                 Compliance, U.S. Department of                         Semi-finished stainless steel flanges are
                                                in accordance with section                                       Commerce within 30 days after the date                 unfinished stainless steel flanges that have
                                                705(c)(5)(A)(ii) of the Act, we have                             of publication of this notice. Requests                undergone some machining processes.
                                                established the all-others rate by                               should contain the party’s name,                          The scope includes six general types of
                                                applying the countervailable subsidy                             address, and telephone number, the                     flanges. They are: (1) Weld neck, generally
                                                rate established for the mandatory                               number of participants, whether any                    used in butt-weld line connection; (2)
                                                respondents. Consequently, the rate                              participant is a foreign national, and a               threaded, generally used for threaded line
                                                calculated for the mandatory                                     list of the issues to be discussed. If a               connections; (3) slip-on, generally used to
                                                respondents is also assigned as the rate                                                                                slide over pipe; (4) lap joint, generally used
                                                                                                                 request for a hearing is made, Commerce                with stub-ends/butt-weld line connections;
                                                for all-other producers and exporters.                           intends to hold the hearing at the U.S.                (5) socket weld, generally used to fit pipe
                                                Preliminary Determination                                        Department of Commerce, 1401                           into a machine recession; and (6) blind,
                                                                                                                 Constitution Avenue NW, Washington,                    generally used to seal off a line. The sizes
                                                  Commerce preliminarily determines
                                                                                                                 DC 20230, at a time and date to be                     and descriptions of the flanges within the
                                                that the following estimated                                                                                            scope include all pressure classes of ASME
                                                                                                                 determined. Parties should confirm by
                                                countervailable subsidy rates exist:                                                                                    B16.5 and range from one-half inch to
                                                                                                                 telephone the date, time, and location of
                                                                                                                 the hearing two days before the                        twenty-four inches nominal pipe size.
                                                                                               Subsidy rate                                                             Specifically excluded from the scope of these
                                                              Company                                            scheduled date.
                                                                                                (percent)                                                               orders are cast stainless steel flanges. Cast
                                                                                                                 International Trade Commission                         stainless steel flanges generally are
                                                Bothwell (Jiangyan) Steel Fit-                                                                                          manufactured to specification ASTM A351.
                                                   tings Co., Ltd .....................                174.73    Notification
                                                                                                                                                                           The country of origin for certain forged
                                                Hydro-Fluids Controls Lim-                                          In accordance with section 703(f) of                stainless steel flanges, whether unfinished,
                                                   ited ....................................           174.73    the Act, Commerce will notify the                      semi-finished, or finished is the country
                                                Jiangyin Shengda Brite Line
                                                                                                                 International Trade Commission (ITC) of                where the flange was forged. Subject
                                                   Kasugai Flange Co., Ltd ...                         174.73                                                           merchandise includes stainless steel flanges
                                                Qingdao I-Flow Co., Ltd .......                        174.73    its determination. If the final
                                                                                                                 determination is affirmative, the ITC                  as defined above that have been further
                                                All-Others ..............................              174.73
                                                                                                                 will determine before the later of 120                 processed in a third country. The processing
                                                                                                                                                                        includes, but is not limited to, boring, facing,
                                                Suspension of Liquidation                                        days after the date of this preliminary
                                                                                                                                                                        spot facing, drilling, tapering, threading,
                                                                                                                 determination or 45 days after the final               beveling, heating, or compressing, and/or any
                                                   In accordance with section
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                                                                                                                 determination.                                         other processing that would not otherwise
                                                703(d)(1)(B) and (d)(2) of the Act,
                                                                                                                 Notification to Interested Parties                     remove the merchandise from the scope of
                                                Commerce will direct U.S. Customs and
                                                                                                                                                                        the investigations if performed in the country
                                                Border Protection (CBP) to suspend                                 This determination is issued and                     of manufacture of the stainless steel flanges.
                                                liquidation of entries of subject                                published pursuant to sections 703(f)                     Merchandise subject to the investigation is
                                                merchandise as described in the scope                                                                                   typically imported under headings
                                                                                                                    6 See 19 CFR 351.309; see also 19 CFR 351.303       7307.21.1000 and 7307.21.5000 of the
                                                  5 See   sections 776(a) and (b) of the Act.                    (for general filing requirements).                     Harmonized Tariff Schedule of the United



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                                                3126                          Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices

                                                States (HTSUS). While HTSUS subheadings                 domestic producer of plastic decorative                 POI for this investigation is April 1,
                                                and ASTM specifications are provided for                ribbon.2                                                2017, through September 30, 2017.
                                                convenience and customs purposes, the                      On January 2, 2018, Commerce
                                                written description of the scope is                                                                             Scope of the Investigation
                                                dispositive.
                                                                                                        requested supplemental information
                                                                                                        pertaining to certain areas of the                         The products covered by this
                                                Appendix II—List of Topics Discussed                    Petition.3 The petitioner filed responses               investigation are plastic decorative
                                                in the Preliminary Decision                             to these requests, including revised                    ribbon from China. For a full
                                                Memorandum                                              scope language, on January 5, 2018.4 On                 description of the scope of this
                                                I. Summary                                              January 12, 2018, the petitioner filed a                investigation, see the ‘‘Scope of the
                                                II. Background                                          submission clarifying the scope                         Investigation,’’ in the Appendix to this
                                                III. Scope Comments                                     language.5                                              notice.
                                                IV. Scope of the Investigation                             In accordance with section 732(b) of
                                                V. Injury Test                                          the Tariff Act of 1930, as amended (the                 Comments on Scope of the Investigation
                                                VI. Application of the CVD Law to Imports               Act), the petitioner alleges that imports
                                                      from China                                                                                                   During our review of the Petition,
                                                                                                        of plastic decorative ribbon from China
                                                VII. Use of Facts Otherwise Available and                                                                       Commerce issued questions to, and
                                                      Adverse Inferences
                                                                                                        are being, or are likely to be, sold in the
                                                                                                                                                                received responses from, the petitioner
                                                VIII. Calculation of the All-Others Rate                United States at less than fair value
                                                                                                                                                                pertaining to the proposed scope to
                                                IX. ITC Notification                                    within the meaning of section 731 of the
                                                                                                                                                                ensure that the scope language in the
                                                X. Public Comment                                       Act, and that such imports are
                                                                                                                                                                Petition would be an accurate reflection
                                                XI. Conclusion                                          materially injuring, or threatening
                                                                                                                                                                of the products for which the domestic
                                                [FR Doc. 2018–01145 Filed 1–22–18; 8:45 am]             material injury to, the domestic industry
                                                                                                                                                                industry is seeking relief.7
                                                BILLING CODE 3510–DS–P
                                                                                                        producing plastic decorative ribbon in
                                                                                                        the United States. Consistent with                         As discussed in the preamble to
                                                                                                        section 732(b)(1) of the Act, the Petition              Commerce’s regulations, we are setting
                                                DEPARTMENT OF COMMERCE                                  is accompanied by information                           aside a period for interested parties to
                                                                                                        reasonably available to the petitioner                  raise issues regarding product coverage
                                                International Trade Administration                      supporting its allegations.                             (scope).8 Commerce will consider all
                                                                                                           Commerce finds that the petitioner                   comments received from interested
                                                [A–570–075]                                             filed this Petition on behalf of the                    parties and, if necessary, will consult
                                                                                                        domestic industry because the                           with interested parties prior to the
                                                Certain Plastic Decorative Ribbon                       petitioner is an interested party as                    issuance of the preliminary
                                                From the People’s Republic of China:                    defined in section 771(9)(C) and (F) of                 determination. If scope comments
                                                Initiation of Less-Than-Fair-Value                      the Act. Commerce also finds that the                   include factual information,9 all such
                                                Investigation                                           petitioner demonstrated sufficient                      factual information should be limited to
                                                                                                        industry support with respect to the                    public information. To facilitate
                                                AGENCY:  Enforcement and Compliance,                    initiation of the AD investigation that                 preparation of its questionnaires,
                                                International Trade Administration,                     the petitioner is requesting.6                          Commerce requests all interested parties
                                                Department of Commerce.                                                                                         to submit such comments by 5:00 p.m.
                                                DATES: Applicable January 16, 2018.
                                                                                                        Period of Investigation                                 Eastern Time (ET) on Monday, February
                                                                                                          Because the Petition was filed on                     5, 2018, which is 20 calendar days from
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        December 27, 2017, and China is a non-                  the signature date of this notice. Any
                                                Mark Hoadley at (202) 482–3148, AD/
                                                                                                        market economy (NME) country,                           rebuttal comments, which may include
                                                CVD Operations, Enforcement and
                                                                                                        pursuant to 19 CFR 351.204(b)(1), the                   factual information, must be filed by
                                                Compliance, International Trade
                                                                                                                                                                5:00 p.m. ET on Thursday, February 15,
                                                Administration, U.S. Department of
                                                                                                          2 See Volume I of the Petition, at 3 and Exhibit      2018, which is 10 calendar days from
                                                Commerce, 1401 Constitution Avenue
                                                                                                        I–3.                                                    the initial comments deadline.10
                                                NW, Washington, DC 20230.                                 3 See Letter from Commerce, ‘‘Petitions for the
                                                                                                                                                                   Commerce requests that any factual
                                                SUPPLEMENTARY INFORMATION:                              Imposition of Antidumping and Countervailing
                                                                                                        Duties on Imports of Certain Plastic Decorative         information the parties consider
                                                The Petition                                            Ribbon from the People’s Republic of China:             relevant to the scope of the investigation
                                                                                                        Supplemental Questions’’ dated January 2, 2018          be submitted during this time period.
                                                  On December 27, 2017, the U.S.                        (General Issues Supplemental Questions); see also       However, if a party subsequently finds
                                                Department of Commerce (Commerce)                       Letter from Commerce, ‘‘Petition for the Imposition
                                                                                                        of Antidumping Duties on Imports of Certain Plastic     that additional factual information
                                                received an antidumping duty (AD)
                                                                                                        Decorative Ribbons from the People’s Republic of        pertaining to the scope of the
                                                Petition concerning imports of certain                  China: Supplemental Questions’’ dated January 2,        investigation may be relevant, the party
                                                plastic decorative ribbon (plastic                      2018 (AD Supplemental Questions).                       may contact Commerce and request
                                                decorative ribbon) from the People’s                      4 See Letter from the petitioner, ‘‘Certain Plastic
                                                                                                                                                                permission to submit the additional
                                                Republic of China (China), filed in                     Decorative Ribbon from the People’s Republic of
                                                                                                        China: Response to the Department’s January 2,          information. All such comments must
                                                proper form on behalf of Berwick
                                                                                                        2018 Supplemental Questions Regarding Volumes I         be filed on the records of each of the
                                                Offray, LLC (the petitioner).1 The AD                   and II of the Petition for the Imposition of            concurrent AD and CVD investigations.
                                                Petition was accompanied by a                           Antidumping and Countervailing Duties’’ dated
                                                countervailing duty (CVD) petition                      January 5, 2018 (General Issues and China AD
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                                   7 See General Issues Supplemental Questions and
                                                concerning imports of plastic decorative                Supplement).
                                                                                                          5 See Letter from the petitioner, ‘‘Certain Plastic   AD Supplemental Questions; see also General
                                                ribbon from China. The petitioner is a                  Decorative Ribbon from the People’s Republic of         Issues and China AD Supplement, at 2–4 and
                                                                                                        China: Amendment to the Petition for the                Exhibit COM-Supp-2; and Scope Clarification.
                                                                                                                                                                   8 See Antidumping Duties; Countervailing Duties,
                                                   1 See Letter to the Secretary of Commerce,           Imposition of Antidumping and Countervailing
                                                ‘‘Certain Plastic Decorative Ribbon from the            Duties’’ dated January 12, 2018 (Scope                  Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                People’s Republic of China: Petitions for the           Clarification).                                            9 See 19 CFR 351.102(b)(21) (defining ‘‘factual

                                                Imposition of Antidumping and Countervailing              6 See the ‘‘Determination of Industry Support for     information’’).
                                                Duties’’ (December 27, 2017) (the Petition).            the Petition’’ section, below.                             10 See 19 CFR 351.303(b).




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Document Created: 2018-01-23 01:08:41
Document Modified: 2018-01-23 01:08:41
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.
ContactJustin 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 Citation83 FR 3124 

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