83 FR 37468 - Stainless Steel Flanges From the People's Republic of China: Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 148 (August 1, 2018)
International Trade Administration
Federal Register Volume 83, Issue 148 (August 1, 2018)
| Page Range | 37468-37469 | |
| FR Document | 2018-16348 |
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)] [Notices] [Pages 37468-37469] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16348] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-064] Stainless Steel Flanges From the People's Republic of China: Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing an antidumping duty order on stainless steel flanges from the People's Republic of China (China). DATES: Applicable August 1, 2018. FOR FURTHER INFORMATION CONTACT: Ian Hamilton, 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) 482-4798. SUPPLEMENTARY INFORMATION: Background In accordance with section 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on June 11, 2018, Commerce published its affirmative Final Determination in the less than fair value (LTFV) investigation of stainless steel flanges from China.\1\ On July 25, 2018, the ITC notified Commerce of its final determination pursuant to section 735(d) of the Act, that an industry in the United States is materially injured by reason of LTFV imports of stainless steel flanges from China, within the meaning of section 735(b)(1)(A) of the Act.\2\ --------------------------------------------------------------------------- \1\ See Stainless Steel Flanges from the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 83 FR 26959 (June 11, 2018) (Final Determination). \2\ See ITC Letter regarding stainless steel flanges from China, dated July 25, 2018 (ITC Notification); see also Stainless Steel Flanges from China, Inv. No. 731-TA-1383 (Final), USITC Pub. 4807, (July 2018). --------------------------------------------------------------------------- Scope of the Order The products covered by this order are stainless steel flanges from China. For a complete description of the scope of the order, see the Appendix to this notice. Antidumping Duty Order In accordance with sections 735(b)(1)(A) and 735(d) of the Act, the ITC has notified Commerce of its final determination in this investigation, in which it found that imports of stainless steel flanges from China are materially injuring a U.S. industry.\3\ Therefore, in accordance with sections 735(c)(2) and 736(a) of the Act, we are publishing this antidumping duty order. --------------------------------------------------------------------------- \3\ See ITC Notification. --------------------------------------------------------------------------- As a result of the ITC's final determination, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of stainless steel flanges from China. These antidumping duties will be assessed on unliquidated entries of stainless steel flanges from China entered, or withdrawn from warehouse, for consumption on or after March 28, 2018, the date on which Commerce published the Preliminary Determination,\4\ but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination, as further described below. --------------------------------------------------------------------------- \4\ See Stainless Steel Flanges from the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 83 FR 13244 (March 28, 2018) (Preliminary Determination). --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on entries of subject merchandise from China. We will also instruct CBP to require cash deposits equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart below. These instructions suspending liquidation will remain in effect until further notice. Accordingly, effective on the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated antidumping duty margin.\5\ The ``China-wide'' rate applies to all exporters of subject merchandise not specifically listed in the table below. --------------------------------------------------------------------------- \5\ See section 736(a)(3) of the Act. --------------------------------------------------------------------------- Provisional Measures Section 733(d) of the Act states that instructions to suspend liquidation issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of subject merchandise request to extend the four-month period to six months. Therefore, the four-month period beginning on March 28, 2018, the date of publication of the Preliminary Determination, ended on July 25, 2018. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of stainless steel flanges from China entered, or withdrawn from warehouse, for consumption on or after July 26, 2018, the day after which the provisional measures expired, until and through the day preceding the date of publication of the ITC's final injury determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC's final determination in the Federal Register. Estimated Dumping Margins Commerce determines that the estimated final weighted-average dumping margins are as follows: [[Page 37469]] ------------------------------------------------------------------------ Weighted-average Exporter/producer dumping margins (percent) ------------------------------------------------------------------------ Shanxi Guanjiaying Flange Forging Group Co., Ltd.... 257.11 China-wide Entity................................... 257.11 ------------------------------------------------------------------------ Notification to Interested Parties This notice constitutes the antidumping duty order with respect to stainless steel flanges from China, pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. This order is issued and published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: July 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Order The products covered by this order 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 order 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 order is typically imported under headings 7307.21.1000 and 7307.21.5000 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings and ASTM specifications are provided for convenience and customs purposes, the written description of the scope is dispositive. [FR Doc. 2018-16348 Filed 7-31-18; 8:45 am] BILLING CODE 3510-DS-P
![37468 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices
proceedings. To facilitate the timely Determination in the less than fair value Continuation of Suspension of
preparation of the service list(s), it is (LTFV) investigation of stainless steel Liquidation
requested that those seeking recognition flanges from China.1 On July 25, 2018, In accordance with section
as interested parties to a proceeding the ITC notified Commerce of its final 735(c)(1)(B) of the Act, we will instruct
contact Commerce in writing within 10 determination pursuant to section CBP to continue to suspend liquidation
days of the publication of the Notice of 735(d) of the Act, that an industry in the on entries of subject merchandise from
Initiation. United States is materially injured by China. We will also instruct CBP to
Please note that if Commerce receives reason of LTFV imports of stainless steel require cash deposits equal to the
a Notice of Intent to Participate from a flanges from China, within the meaning estimated amount by which the normal
member of the domestic industry within of section 735(b)(1)(A) of the Act.2 value exceeds the U.S. price as
15 days of the date of initiation, the
Scope of the Order indicated in the chart below. These
review will continue.
instructions suspending liquidation will
Thereafter, any interested party
The products covered by this order remain in effect until further notice.
wishing to participate in the Sunset
are stainless steel flanges from China. Accordingly, effective on the date of
Review must provide substantive
For a complete description of the scope publication of the ITC’s final affirmative
comments in response to the notice of
of the order, see the Appendix to this injury determination, CBP will require,
initiation no later than 30 days after the
notice. at the same time as importers would
date of initiation.
This notice is not required by statute normally deposit estimated duties on
Antidumping Duty Order this subject merchandise, a cash deposit
but is published as a service to the
international trading community. equal to the estimated antidumping
In accordance with sections
duty margin.5 The ‘‘China-wide’’ rate
Dated: July 26, 2018. 735(b)(1)(A) and 735(d) of the Act, the
applies to all exporters of subject
James Maeder, ITC has notified Commerce of its final
merchandise not specifically listed in
determination in this investigation, in
Associate Deputy Assistant Secretary for the table below.
Antidumping and Countervailing Duty which it found that imports of stainless
Operations performing the duties of Deputy steel flanges from China are materially Provisional Measures
Assistant Secretary for Antidumping and injuring a U.S. industry.3 Therefore, in Section 733(d) of the Act states that
Countervailing Duty Operations. accordance with sections 735(c)(2) and instructions to suspend liquidation
[FR Doc. 2018–16446 Filed 7–31–18; 8:45 am] 736(a) of the Act, we are publishing this issued pursuant to an affirmative
BILLING CODE 3510–DS–P antidumping duty order. preliminary determination may not
As a result of the ITC’s final remain in effect for more than four
determination, in accordance with months, except where exporters
DEPARTMENT OF COMMERCE section 736(a)(1) of the Act, Commerce representing a significant proportion of
will direct U.S. Customs and Border exports of subject merchandise request
International Trade Administration
Protection (CBP) to assess, upon further to extend the four-month period to six
[A–570–064] instruction by Commerce, antidumping months. Therefore, the four-month
duties equal to the amount by which the period beginning on March 28, 2018, the
Stainless Steel Flanges From the normal value of the merchandise date of publication of the Preliminary
People’s Republic of China: exceeds the export price (or constructed Determination, ended on July 25, 2018.
Antidumping Duty Order Furthermore, section 737(b) of the Act
export price) of the merchandise, for all
AGENCY: Enforcement and Compliance, relevant entries of stainless steel flanges states that definitive duties are to begin
International Trade Administration, from China. These antidumping duties on the date of publication of the ITC’s
Department of Commerce. will be assessed on unliquidated entries final injury determination.
SUMMARY: Based on affirmative final of stainless steel flanges from China Therefore, in accordance with section
determinations by the Department of entered, or withdrawn from warehouse, 733(d) of the Act and our practice, we
Commerce (Commerce) and the for consumption on or after March 28, will instruct CBP to terminate the
International Trade Commission (ITC), 2018, the date on which Commerce suspension of liquidation and to
Commerce is issuing an antidumping published the Preliminary liquidate, without regard to
duty order on stainless steel flanges Determination,4 but will not include antidumping duties, unliquidated
from the People’s Republic of China entries occurring after the expiration of entries of stainless steel flanges from
(China). the provisional measures period and China entered, or withdrawn from
before publication of the ITC’s final warehouse, for consumption on or after
DATES: Applicable August 1, 2018. July 26, 2018, the day after which the
injury determination, as further
FOR FURTHER INFORMATION CONTACT: Ian described below. provisional measures expired, until and
Hamilton, AD/CVD Operations, Office through the day preceding the date of
V, Enforcement and Compliance, 1 See Stainless Steel Flanges from the People’s publication of the ITC’s final injury
International Trade Administration, Republic of China: Final Affirmative Determination determination in the Federal Register.
U.S. Department of Commerce, 1401 of Sales at Less Than Fair Value, 83 FR 26959 (June Suspension of liquidation will resume
Constitution Avenue NW, Washington, 11, 2018) (Final Determination). on the date of publication of the ITC’s
2 See ITC Letter regarding stainless steel flanges
DC 20230; telephone: (202) 482–4798. final determination in the Federal
from China, dated July 25, 2018 (ITC Notification);
sradovich on DSK3GMQ082PROD with NOTICES
SUPPLEMENTARY INFORMATION: see also Stainless Steel Flanges from China, Inv. No. Register.
731–TA–1383 (Final), USITC Pub. 4807, (July
Background 2018).
Estimated Dumping Margins
In accordance with section 735(d) and 3 See ITC Notification.
Commerce determines that the
4 See Stainless Steel Flanges from the People’s
777(i)(1) of the Tariff Act of 1930, as estimated final weighted-average
Republic of China: Preliminary Affirmative
amended (the Act), and 19 CFR Determination of Sales at Less Than Fair Value, 83
dumping margins are as follows:
351.210(c), on June 11, 2018, Commerce FR 13244 (March 28, 2018) (Preliminary
published its affirmative Final Determination). 5 See section 736(a)(3) of the Act.
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![Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices 37469
B16.5 and range from one-half inch to Background
twenty-four inches nominal pipe size.
Specifically excluded from the scope of this In accordance with sections 705(a),
Weighted-average
Exporter/producer dumping margins order are cast stainless steel flanges. Cast 705(d), and 777(i)(1) of the Tariff Act of
(percent) stainless steel flanges generally are 1930, as amended (the Act), and 19 CFR
manufactured to specification ASTM A351. 351.210(c), on June 18, 2018, Commerce
Shanxi Guanjiaying The country of origin for certain forged published in the Federal Register an
Flange Forging Group stainless steel flanges, whether unfinished, affirmative final determination in the
Co., Ltd ..................... 257.11 semi-finished, or finished is the country CVD investigation of ripe olives from
China-wide Entity .......... 257.11 where the flange was forged. Subject
Spain.1 Interested parties submitted
merchandise includes stainless steel flanges
as defined above that have been further timely filed allegations that Commerce
Notification to Interested Parties made certain ministerial errors in the
processed in a third country. The processing
This notice constitutes the includes, but is not limited to, boring, facing, final CVD determination of ripe olives
antidumping duty order with respect to spot facing, drilling, tapering, threading, from Spain. Section 705(e) of the Act
stainless steel flanges from China, beveling, heating, or compressing, and/or any and 19 CFR 351.224(f) define ministerial
pursuant to section 736(a) of the Act. other processing that would not otherwise errors as errors in addition, subtraction,
Interested parties can find a list of remove the merchandise from the scope of or other arithmetic function, clerical
antidumping duty orders currently in the investigation if performed in the country errors resulting from inaccurate
effect at http://enforcement.trade.gov/ of manufacture of the stainless steel flanges.
copying, duplication, or the like, and
Merchandise subject to the order is
stats/iastats1.html. typically imported under headings any other type of unintentional error
This order is issued and published in 7307.21.1000 and 7307.21.5000 of the which the Commerce considers
accordance with section 736(a) of the Harmonized Tariff Schedule of the United ministerial. We reviewed the allegations
Act and 19 CFR 351.211(b). States (HTSUS). While HTSUS subheadings and determined that we made certain
Dated: July 25, 2018. and ASTM specifications are provided for ministerial errors. See ‘‘Amendment to
Gary Taverman, convenience and customs purposes, the the Final Determination’’ section below
written description of the scope is for further discussion.
Deputy Assistant Secretary for Antidumping dispositive.
and Countervailing Duty Operations, On July 25, 2018, the ITC notified
performing the non-exclusive functions and [FR Doc. 2018–16348 Filed 7–31–18; 8:45 am] Commerce of its affirmative
duties of the Assistant Secretary for BILLING CODE 3510–DS–P determination pursuant to sections
Enforcement and Compliance. 705(b)(1)(A)(i) and 705(d) of the Act,
Appendix that an industry in the United States is
DEPARTMENT OF COMMERCE materially injured by reason of
Scope of the Order subsidized imports of ripe olives from
The products covered by this order are International Trade Administration Spain.2
certain forged stainless steel flanges, whether
unfinished, semi-finished, or finished [C–469–818] Scope of the Order
(certain forged stainless steel flanges). Certain The merchandise covered by this
forged stainless steel flanges are generally Ripe Olives From Spain: Amended order is ripe olives from Spain. For a
manufactured to, but not limited to, the Final Affirmative Countervailing Duty complete description of the scope of this
material specification of ASTM/ASME A/ Determination and Countervailing Duty
SA182 or comparable domestic or foreign order, see the Appendix to this notice.
Order
specifications. Certain forged stainless steel Amendment to the Final Determination
flanges are made in various grades such as,
but not limited to, 304, 304L, 316, and 316L AGENCY: Enforcement and Compliance, On June 19, 2018, the petitioner,3
(or combinations thereof). The term International Trade Administration, Aceitunas Guadalquivir S.L.U.
‘‘stainless steel’’ used in this scope refers to Department of Commerce. (Aceitunas Guadalquivir), and Angel
an alloy steel containing, by actual weight, Camacho Alimentación, S.L. (Angel
1.2 percent or less of carbon and 10.5 percent SUMMARY: Based on affirmative final
determinations by the Department of Camacho) timely alleged that the Final
or more of chromium, with or without other
Commerce (Commerce) and the Determination contained certain
elements.
Unfinished stainless steel flanges possess International Trade Commission (the ministerial errors and requested that
the approximate shape of finished stainless ITC), Commerce is issuing a Commerce correct such errors. On June
steel flanges and have not yet been machined countervailing duty (CVD) order on ripe 25, 2018, the petitioner filed rebuttal
to final specification after the initial forging olives from Spain. In addition, comments.
or like operations. These machining Commerce is amending its final CVD Commerce reviewed the record and,
processes may include, but are not limited to, on July 12, 2018, agreed that certain
boring, facing, spot facing, drilling, tapering, determination with respect to ripe
olives from Spain to correct ministerial errors referenced in the petitioner’s and
threading, beveling, heating, or compressing.
errors. Angel Camacho’s allegations constitute
Semi-finished stainless steel flanges are
unfinished stainless steel flanges that have ministerial errors within the meaning of
undergone some machining processes.
DATES: Applicable August 1, 2018. section 705(e) of the Act and 19 CFR
The scope includes six general types of FOR FURTHER INFORMATION CONTACT:
flanges. They are: (1) Weld neck, generally Mary Kolberg or Lana Nigro, AD/CVD
1 See Ripe Olives from Spain: Final Affirmative
used in butt-weld line connection; (2) Countervailing Duty Determination, 83 FR 28186
Operations, Enforcement and (June 18, 2018) (Final Determination) and
threaded, generally used for threaded line
sradovich on DSK3GMQ082PROD with NOTICES
connections; (3) slip-on, generally used to Compliance, International Trade accompanying Issues and Decision Memorandum.
slide over pipe; (4) lap joint, generally used Administration, U.S. Department of 2 See Letter from the ITC to Commerce, dated July
Commerce, 1401 Constitution Avenue 25, 2018; see also Ripe Olives from Spain
with stub-ends/butt-weld line connections;
(Investigation Nos. 701–TA–582 and 731–TA–1377
(5) socket weld, generally used to fit pipe NW, Washington, DC 20230; telephone: (Final), USITC Publication 4805, July 2018).
into a machine recession; and (6) blind, (202) 482–1785 or (202) 482–1779, 3 The petitioner to this investigation is the
generally used to seal off a line. The sizes respectively. Coalition for Fair Trade in Ripe Olives, whose
and descriptions of the flanges within the individual member are BellCarter Foods, Inc. and
scope include all pressure classes of ASME SUPPLEMENTARY INFORMATION: Musco Family Olive Co.
VerDate Sep<11>2014 20:07 Jul 31, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\01AUN1.SGM 01AUN1](https://thefederalregister.org/doc/83_FR_37616/page/2.svg)
Document Created: 2018-08-01 01:23:47
Document Modified: 2018-08-01 01:23:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable August 1, 2018. | |
| Contact | Ian Hamilton, 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) 482-4798. | |
| FR Citation | 83 FR 37468 |
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