83_FR_40907 83 FR 40748 - Stainless Steel Flanges From India: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances

83 FR 40748 - Stainless Steel Flanges From India: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 159 (August 16, 2018)

Page Range40748-40750
FR Document2018-17696

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

Federal Register, Volume 83 Issue 159 (Thursday, August 16, 2018)
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40748-40750]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17696]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-878]


Stainless Steel Flanges From India: Final Affirmative 
Countervailing Duty Determination and Final Affirmative Determination 
of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of stainless steel flanges from India during the period of 
investigation January 1, 2016, through December 31, 2016.

DATES: Applicable August 16, 2018.

FOR FURTHER INFORMATION CONTACT: Ryan Mullen or Chelsey Simonovich, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone (202) 482-5260 or (202) 482-
1979, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 23, 2018, Commerce published the Preliminary

[[Page 40749]]

Determination in the Federal Register.\1\ A summary of the events that 
occurred since Commerce published the Preliminary Determination, as 
well as a full discussion of the issues raised by parties for this 
final determination, may be found in the accompanying Issues and 
Decision Memorandum.\2\ The Issues and Decision Memorandum is a public 
document, and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov and 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 Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov. The signed 
and electronic versions of the Issues and Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Stainless Steel Flanges from India: Preliminary 
Affirmative Countervailing Duty Determination, Preliminary 
Affirmative and Alignment of Final Determination With Final 
Antidumping Duty Determination, 83 FR 3118 (January 23, 2018) and 
accompanying Preliminary Decision Memorandum (Preliminary 
Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Stainless Steel Flanges from India,'' dated concurrently with this 
determination and hereby adopted by this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Scope Comments

    In Commerce's Preliminary Scope Decision Memorandum, we set aside a 
period of time for parties to raise issues regarding product coverage 
(i.e., scope) in scope case briefs or other written comments on scope 
issues.\3\ No interested parties submitted timely scope comments. For a 
complete description of the scope of this investigation, see Appendix 
I.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated November 15, 2017 (Preliminary 
Scope Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are stainless steel 
flanges from India. For a complete description of the scope of this 
investigation, see ``Scope of the Investigation,'' in Appendix I of 
this notice.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs filed by the parties, are discussed in the 
Issues and Decision Memorandum. A list of the issues parties raised and 
to which we responded in the Issues and Decisions Memorandum, is 
attached to this notice at Appendix II.

Verification

    Commerce conducted verification of the questionnaire responses 
submitted by the Government of India and Echjay Forgings Private 
Limited (Echjay) between June 4 and June 8, 2018.

Use of Adverse Facts Available

    If necessary information is not available on the record, or an 
interested party withholds information, fails to provide requested 
information in a timely manner, significantly impedes a proceeding by 
not providing information, or information provided cannot be verified, 
the Department will apply facts available, pursuant to section 
776(a)(1) and (2) of the Tariff Act of 1930, as amended (the Act). For 
purposes of this final determination, Commerce relied, in part, on 
facts available and, because certain respondents did not cooperate by 
not acting to the best of their ability to respond to our requests for 
information, we drew an adverse inference, where appropriate, in 
selecting from among the facts otherwise available.\4\ A full 
discussion of our decision to rely on adverse facts available is 
presented in the ``Use of Facts Otherwise Available and Adverse 
Inferences'' section of the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received from parties and the 
minor corrections presented, as well as additional items discovered at 
verification, we made certain changes to the respondents' subsidy rate 
calculations set forth in the Preliminary Determination. For a 
discussion of these changes, see the Issues and Decision Memorandum and 
the Final Analysis Memorandum.\5\
---------------------------------------------------------------------------

    \5\ See Issues and Decision Memorandum; see also Memorandum, 
``Final Analysis Memorandum for Echjay Forgings Pvt. Ltd,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

Final Affirmative Determination of Critical Circumstances

    For the Preliminary Determination, Commerce found that critical 
circumstances exist with respect to imports of stainless steel flanges 
from Bebitz Flanges Works (Bebitz), Echjay, and all-other exporters/
producers covered by the ``all-others'' rate.\6\ We did not modify our 
critical circumstances for the final determination. Thus, pursuant to 
section 703(e)(1) of the Act, we continue to find that critical 
circumstances exist with respect to subject merchandise produced or 
exported by Bebitz, Echjay, and ``all-others.''
---------------------------------------------------------------------------

    \6\ See Preliminary Determination, 83 FR at 3118, 3119, and 
accompanying Preliminary Decision Memorandum at 4-7.
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for each exporter/producer of the subject merchandise 
individually investigated, i.e., Echjay and Bebitz. In accordance with 
section 705(c)(5)(A) of the Act, for companies not individually 
investigated, we apply an ``all-others'' rate, which is normally 
calculated by weighting the subsidy rates of the individual companies 
selected as mandatory respondents by those companies' exports of the 
subject merchandise to the United States. Under section 705(c)(5)(A)(i) 
of the Act, the ``all-others'' rate excludes zero and de minimis rates 
calculated for the exporters and producers individually investigated, 
as well as rates based entirely on facts otherwise available. Where the 
rates for the individually investigated companies are all zero or de 
minimis, or determined entirely using facts otherwise available, 
section 705(c)(5)(A)(ii) of the Act instructs Commerce to establish an 
``all-others'' rate using ``any reasonable method.''
    In this investigation, Commerce assigned a rate based entirely on 
facts available to Bebitz. Therefore, the only rate that is not zero, 
de minimis or based entirely on facts otherwise available is the rate 
calculated for Echjay. Consequently, the rate calculated for Echjay is 
also assigned as the rate for all-other producers and exporters.
    The final subsidy rates are as follows:
---------------------------------------------------------------------------

    \7\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Bebitz Flanges Works: Viraj Profiles Limited.
    \8\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Echjay Forgings Private Limited: Echjay Forging Industries Private 
Limited.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Bebitz Flanges Works Private Limited \7\....................      256.16
Echjay Forgings Private Limited \8\.........................        4.92
All-Others..................................................        4.92
------------------------------------------------------------------------


[[Page 40750]]

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this proceeding 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of any entries of merchandise 
under consideration from India that were entered, or withdrawn from 
warehouse, for consumption on or after October 25, 2017, which is 90 
days prior to the date of publication in the Federal Register of the 
Preliminary Determination. In accordance with section 703(d) of the 
Act, we issued instructions to CBP to discontinue the suspension of 
liquidation for CVD purposes for subject merchandise entered, or 
withdrawn from warehouse, on or after May 22, 2018, but to continue the 
suspension of liquidation on all entries from January 23, 2018, through 
May 21, 2018.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order and will require a cash deposit of estimated countervailing 
duties for such entries of subject merchandise in the amounts indicated 
above. If the ITC determines that material injury, or threat of 
material injury, does not exist, this proceeding will be terminated, 
and all estimated duties deposited or securities posted as a result of 
the suspension of liquidation will be refunded or canceled.

U.S. International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Acting Assistant Secretary for Enforcement and 
Compliance.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties such to an APO of their 
responsibility concerning the disposition of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or, 
alternatively, conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation that is subject to sanction.

Notification to Interested Parties

    This determination is published pursuant to section 705(d) and 
777(i) of the Act and 19 CFR 351.210(c).

    Dated: August 10, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix I

Scope of the Investigation

    The products covered by this investigation are certain forged 
stainless steel flanges, whether unfinished, semi-finished, or 
finished (certain forged stainless steel flanges). Certain forged 
stainless steel flanges are generally manufactured to, but not 
limited to, the material specification of ASTM/ASME A/SA182 or 
comparable domestic or foreign specifications. Certain forged 
stainless steel flanges are made in various grades such as, but not 
limited to, 304, 304L, 316, and 316L (or combinations thereof). The 
term ``stainless steel'' used in this scope refers to an alloy steel 
containing, by actual weight, 1.2 percent or less of carbon and 10.5 
percent or more of chromium, with or without other elements. 
Unfinished stainless steel flanges possess the approximate shape of 
finished stainless steel flanges and have not yet been machined to 
final specification after the initial forging or like operations. 
These machining processes may include, but are not limited to, 
boring, facing, spot facing, drilling, tapering, threading, 
beveling, heating, or compressing. Semi-finished stainless steel 
flanges are unfinished stainless steel flanges that have undergone 
some machining processes. The scope includes six general types of 
flanges. They are: (1) Weld neck, generally used in butt-weld line 
connection; (2) threaded, generally used for threaded line 
connections; (3) slip-on, generally used to slide over pipe; (4) lap 
joint, generally used with stub-ends/butt-weld line connections; (5) 
socket weld, generally used to fit pipe into a machine recession; 
and (6) blind, generally used to seal off a line. The sizes and 
descriptions of the flanges within the scope include all pressure 
classes of ASME B16.5 and range from one-half inch to twenty-four 
inches nominal pipe size. Specifically excluded from the scope of 
this investigation are cast stainless steel flanges. Cast stainless 
steel flanges generally are manufactured to specification ASTM A351.
    The country of origin for certain forged stainless steel 
flanges, whether unfinished, semi-finished, or finished is the 
country where the flange was forged. Subject merchandise includes 
stainless steel flanges as defined above that have been further 
processed in a third country. The processing includes, but is not 
limited to, boring, facing, spot facing, drilling, tapering, 
threading, beveling, heating, or compressing, and/or any other 
processing that would not otherwise remove the merchandise from the 
scope of the investigation if performed in the country of 
manufacture of the stainless steel flanges.
    Merchandise subject to the investigation is typically imported 
under headings 7307.21.1000 and 7307.21.5000 of the Harmonized 
Tariff Schedule of the United States (HTS). While HTS subheadings 
and ASTM specifications are provided for convenience and customs 
purposes, the written description of the scope is dispositive.

Appendix II

List of Topics Discussed in the Final Decision Memo

I. Summary
II. Background
III. Scope of The Investigation
IV. Final Determination of Critical Circumstances
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
    Comment 1: The Application of AFA to Bebitz
    Comment 2: SHIS Licenses Discovered at Verification
    Comment 3: Echjay's Reporting of the Provision of Stainless 
Steel, Billet, and Bar by SAIL for LTAR
    Comment 4: Whether Sufficient Information Exists to Calculate a 
Subsidy Rate for EFIPL
    Comment 5: Whether AAP, DDB, EPCGS, SHIS, and IEIS are 
Countervailable
    Comment 6: Whether the GOI Provided Sufficient Information for 
Certain Programs
X. Conclusion

[FR Doc. 2018-17696 Filed 8-15-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                40748                       Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices

                                                  Comment 3: Product Characteristics used               review covering the period of December                Commerce must publish a notice of a
                                                     in the CONNUM Methodology                          1, 2014, through May 31, 2015.1                       court decision that is not ‘‘in harmony’’
                                                  Comment 4: Application of Partial AFA for                On October 26, 2016, Commerce                      with Commerce’s determination and
                                                     Packing Costs                                      issued the Final Rescission.2 In the                  must suspend liquidation of entries
                                                  Comment 5: Home Market Sales Viability                Final Rescission, Commerce determined
                                                  Comment 6: Credit Expenses
                                                                                                                                                              pending a ‘‘conclusive’’ court decision.
                                                  Comment 7: Clarification of the Scope of
                                                                                                        that Muyun’s single sale was not bona                 The CIT’s July 16, 2018 final judgment,
                                                     the Order                                          fide and, accordingly, rescinded its new              ordering Commerce to proceed with
                                                  Comment 8: Import Duties                              shipper review. Muyun Wood                            Muyun Wood’s new shipper review,
                                                  Comment 9: G&A Expense Ratio                          challenged Commerce’s findings in the                 constitutes a final decision of that court
                                                     Calculation                                        Final Rescission at the CIT.                          that is not in harmony with the Final
                                                  Comment 10: Antidumping Duty Cash                        On December 11, 2017, the CIT                      Rescission.6 This notice is published in
                                                     Deposit Rate offset by the Countervailing          remanded for Commerce to determine                    fulfillment of the publication
                                                     Duty Export Subsidy Rate                           whether Muyun Wood’s sale during the                  requirements of Timken.
                                                IX. Conclusion                                          review period was bona fide.3 In                        This notice is issued and published in
                                                [FR Doc. 2018–17688 Filed 8–15–18; 8:45 am]             accordance with the Court’s decision,                 accordance with sections 516A(e)(1),
                                                BILLING CODE 3510–DS–P                                  Commerce reconsidered its previous                    751(a)(1), and 777(i)(1) of the Act.
                                                                                                        analysis and continued to determine
                                                                                                                                                                Dated: August 9, 2018.
                                                                                                        that Muyun Wood’s single sale was non-
                                                DEPARTMENT OF COMMERCE                                  bona fide. Specifically, Commerce                     James Maeder,
                                                                                                        considered the following factors                      Associate Deputy Assistant Secretary for
                                                International Trade Administration                      weighed against finding Muyun’s sale                  Antidumping and Countervailing Duty
                                                                                                                                                              Operations performing the duties of Deputy
                                                                                                        bona fide: (1) The price reported by                  Assistant Secretary for Antidumping and
                                                [A–570–970]                                             Muyun Wood was significantly higher                   Countervailing Duty Operations.
                                                                                                        than the highest comparison sales price               [FR Doc. 2018–17562 Filed 8–15–18; 8:45 am]
                                                Multilayered Wood Flooring From the                     for identical merchandise reported
                                                People’s Republic of China: Notice of                   during a contemporaneous period; (2)
                                                                                                                                                              BILLING CODE 3510–DS–P

                                                Court Decision Not in Harmony With                      the evidence indicating that Muyun
                                                Final Rescission of the Antidumping                     Wood’s unaffiliated and new customer
                                                Duty New Shipper Review                                                                                       DEPARTMENT OF COMMERCE
                                                                                                        did not resell the entirety of the
                                                                                                        merchandise at question for a profit; and             International Trade Administration
                                                AGENCY:  Enforcement and Compliance,                    (3) the singular nature of the sale.
                                                International Trade Administration,                        On July 16, 2018, the CIT held that
                                                Department of Commerce.                                                                                       [C–533–878]
                                                                                                        Commerce’s ultimate conclusion that
                                                SUMMARY:   On July 16, 2018, the United                 the sale was not bona fide was not                    Stainless Steel Flanges From India:
                                                States Court of International Trade (CIT)               supported by substantial evidence and                 Final Affirmative Countervailing Duty
                                                issued a final judgment in Huzhou                       that the rescission of the new shipper                Determination and Final Affirmative
                                                Muyun Wood Co., Ltd., LLC. v. United                    review cannot be upheld.4 The CIT                     Determination of Critical
                                                States ordering the Department of                       found that the totality of the                        Circumstances
                                                Commerce (Commerce) to proceed with                     circumstances do not support a finding
                                                Huzhou Muyun Wood Co., Ltd.’s                           that the sale was not bona fide, given                AGENCY:  Enforcement and Compliance,
                                                (Muyun Wood) new shipper review of                      that the sales quantity was typical, the              International Trade Administration,
                                                the antidumping duty order on                           expenses incurred were normal, the sale               Department of Commerce.
                                                multilayered wood flooring (wood                        was made at arm’s length, the payment                 SUMMARY: The Department of Commerce
                                                flooring) from the People’s Republic of                 timing was not atypical, and a                        (Commerce) determines that
                                                China (China). Commerce is notifying                    substantial majority of the product was               countervailable subsidies are being
                                                the public that the final judgment in this              resold for a profit.5 The CIT entered                 provided to producers and exporters of
                                                case is not in harmony with the final                   judgment, ordering Commerce to                        stainless steel flanges from India during
                                                rescission of the new shipper review.                   proceed with Muyun Wood’s new                         the period of investigation January 1,
                                                                                                        shipper review.                                       2016, through December 31, 2016.
                                                DATES:   Applicable beginning July 26,
                                                                                                        Timken Notice                                         DATES: Applicable August 16, 2018.
                                                2018.
                                                                                                          In its decision in Timken, as clarified             FOR FURTHER INFORMATION CONTACT:
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        by Diamond Sawblades, the CAFC held                   Ryan Mullen or Chelsey Simonovich,
                                                Aleksandras Nakutis, Office IV,                         that, pursuant to section 516A(e) of the              AD/CVD Operations, Office V,
                                                Enforcement and Compliance,                             Tariff Act of 1930, as amended (the Act),             Enforcement and Compliance,
                                                International Trade Administration,                                                                           International Trade Administration,
                                                U.S. Department of Commerce, 1401                         1 See Multilayered Wood Flooring from the           U.S. Department of Commerce, 1401
                                                Constitution Avenue NW, Washington,                     People’s Republic of China: Initiation of             Constitution Avenue NW, Washington,
                                                DC 20230; telephone: (202) 482–3147.                    Antidumping Duty New Shipper Reviews; 2014–           DC 20230; telephone (202) 482–5260 or
                                                                                                        2015, 80 FR 45192 (July 29, 2015).                    (202) 482–1979, respectively.
                                                SUPPLEMENTARY INFORMATION:                                2 See Multilayered Wood Flooring from the

                                                                                                        People’s Republic of China: Rescission of             SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with NOTICES




                                                Background                                              Antidumping Duty New Shipper Reviews; 2015–
                                                                                                        2015, 81 FR 74393 (October 26, 2016) (Final           Background
                                                  Muyun Wood is a Chinese producer/                     Rescission).
                                                                                                                                                                On January 23, 2018, Commerce
                                                exporter of wood flooring. On June 13,                    3 See Huzhou Muyun Wood Co. Ltd. v. United

                                                                                                        States, 41 CIT __, 279 F. Supp. 3d 1215 (CIT 2017).   published the Preliminary
                                                2015, Huzhou Muyun Wood Co., Ltd.’s
                                                                                                          4 See Huzhou Muyun Wood Co., Ltd. v. United
                                                (Muyun Wood) requested a new shipper
                                                                                                        States, 2018 WL 3455350 (CIT July 16, 2018).            6 See MLWF Amended Final Determination, 79 FR
                                                review. On July 29, 2015, Commerce                        5 Id. at *8 (referring to the factors outlined at   21509 (May 2, 2014) (MLWF Amended Final
                                                initiated the requested new shipper                     section 751(a)(2)(B)(iv) of the Act).                 Determination).



                                           VerDate Sep<11>2014   17:15 Aug 15, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\16AUN1.SGM   16AUN1


                                                                            Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices                                                            40749

                                                Determination in the Federal Register.1                 issues parties raised and to which we                 covered by the ‘‘all-others’’ rate.6 We
                                                A summary of the events that occurred                   responded in the Issues and Decisions                 did not modify our critical
                                                since Commerce published the                            Memorandum, is attached to this notice                circumstances for the final
                                                Preliminary Determination, as well as a                 at Appendix II.                                       determination. Thus, pursuant to
                                                full discussion of the issues raised by                                                                       section 703(e)(1) of the Act, we continue
                                                parties for this final determination, may               Verification                                          to find that critical circumstances exist
                                                be found in the accompanying Issues                       Commerce conducted verification of                  with respect to subject merchandise
                                                and Decision Memorandum.2 The Issues                    the questionnaire responses submitted                 produced or exported by Bebitz, Echjay,
                                                and Decision Memorandum is a public                     by the Government of India and Echjay                 and ‘‘all-others.’’
                                                document, and is on file electronically                 Forgings Private Limited (Echjay)                     Final Determination
                                                via Enforcement and Compliance’s                        between June 4 and June 8, 2018.
                                                Antidumping and Countervailing Duty                                                                              In accordance with section
                                                Centralized Electronic Service System                   Use of Adverse Facts Available                        705(c)(1)(B)(i) of the Act, we calculated
                                                (ACCESS). ACCESS is available to                                                                              a rate for each exporter/producer of the
                                                registered users at https://                               If necessary information is not                    subject merchandise individually
                                                access.trade.gov and is available to all                available on the record, or an interested             investigated, i.e., Echjay and Bebitz. In
                                                parties in the Central Records Unit,                    party withholds information, fails to                 accordance with section 705(c)(5)(A) of
                                                Room B8024 of the main Department of                    provide requested information in a                    the Act, for companies not individually
                                                Commerce building. In addition, a                       timely manner, significantly impedes a                investigated, we apply an ‘‘all-others’’
                                                complete version of the Issues and                      proceeding by not providing                           rate, which is normally calculated by
                                                Decision Memorandum can be accessed                     information, or information provided                  weighting the subsidy rates of the
                                                directly at http://enforcement.trade.gov.               cannot be verified, the Department will               individual companies selected as
                                                The signed and electronic versions of                   apply facts available, pursuant to                    mandatory respondents by those
                                                the Issues and Decision Memorandum                      section 776(a)(1) and (2) of the Tariff               companies’ exports of the subject
                                                are identical in content.                               Act of 1930, as amended (the Act). For                merchandise to the United States. Under
                                                                                                        purposes of this final determination,                 section 705(c)(5)(A)(i) of the Act, the
                                                Scope Comments                                          Commerce relied, in part, on facts                    ‘‘all-others’’ rate excludes zero and de
                                                  In Commerce’s Preliminary Scope                       available and, because certain                        minimis rates calculated for the
                                                Decision Memorandum, we set aside a                     respondents did not cooperate by not                  exporters and producers individually
                                                period of time for parties to raise issues              acting to the best of their ability to                investigated, as well as rates based
                                                regarding product coverage (i.e., scope)                respond to our requests for information,              entirely on facts otherwise available.
                                                in scope case briefs or other written                   we drew an adverse inference, where                   Where the rates for the individually
                                                comments on scope issues.3 No                           appropriate, in selecting from among the              investigated companies are all zero or
                                                interested parties submitted timely                     facts otherwise available.4 A full                    de minimis, or determined entirely
                                                scope comments. For a complete                          discussion of our decision to rely on                 using facts otherwise available, section
                                                description of the scope of this                        adverse facts available is presented in               705(c)(5)(A)(ii) of the Act instructs
                                                investigation, see Appendix I.                          the ‘‘Use of Facts Otherwise Available                Commerce to establish an ‘‘all-others’’
                                                Scope of the Investigation                              and Adverse Inferences’’ section of the               rate using ‘‘any reasonable method.’’
                                                                                                        Issues and Decision Memorandum.                          In this investigation, Commerce
                                                   The products covered by this
                                                investigation are stainless steel flanges               Changes Since the Preliminary                         assigned a rate based entirely on facts
                                                from India. For a complete description                  Determination                                         available to Bebitz. Therefore, the only
                                                of the scope of this investigation, see                                                                       rate that is not zero, de minimis or based
                                                ‘‘Scope of the Investigation,’’ in                        Based on our analysis of the                        entirely on facts otherwise available is
                                                Appendix I of this notice.                              comments received from parties and the                the rate calculated for Echjay.
                                                                                                        minor corrections presented, as well as               Consequently, the rate calculated for
                                                Analysis of Subsidy Programs and                        additional items discovered at                        Echjay is also assigned as the rate for
                                                Comments Received                                       verification, we made certain changes to              all-other producers and exporters.
                                                  The subsidy programs under                            the respondents’ subsidy rate                            The final subsidy rates are as follows:
                                                investigation, and the issues raised in                 calculations set forth in the Preliminary
                                                the case and rebuttal briefs filed by the               Determination. For a discussion of these                                                                 Subsidy
                                                parties, are discussed in the Issues and                changes, see the Issues and Decision                                  Company                             rate
                                                Decision Memorandum. A list of the                      Memorandum and the Final Analysis                                                                       (percent)
                                                                                                        Memorandum.5                                          Bebitz Flanges Works Private
                                                  1 See  Stainless Steel Flanges from India:
                                                                                                        Final Affirmative Determination of                      Limited 7 ..................................       256.16
                                                Preliminary Affirmative Countervailing Duty
                                                                                                                                                              Echjay Forgings Private Limited 8                      4.92
                                                Determination, Preliminary Affirmative and              Critical Circumstances
                                                Alignment of Final Determination With Final                                                                   All-Others ....................................        4.92
                                                Antidumping Duty Determination, 83 FR 3118                For the Preliminary Determination,
                                                (January 23, 2018) and accompanying Preliminary
                                                Decision Memorandum (Preliminary
                                                                                                        Commerce found that critical                            6 See Preliminary Determination, 83 FR at 3118,

                                                Determination).                                         circumstances exist with respect to                   3119, and accompanying Preliminary Decision
                                                   2 See Memorandum, ‘‘Issues and Decision              imports of stainless steel flanges from               Memorandum at 4–7.
sradovich on DSK3GMQ082PROD with NOTICES




                                                Memorandum for the Final Determination in the           Bebitz Flanges Works (Bebitz), Echjay,                  7 As discussed in the Preliminary Decision

                                                Countervailing Duty Investigation of Stainless Steel    and all-other exporters/producers                     Memorandum, Commerce has found the following
                                                Flanges from India,’’ dated concurrently with this                                                            companies to be cross-owned with Bebitz Flanges
                                                determination and hereby adopted by this notice                                                               Works: Viraj Profiles Limited.
                                                (Issues and Decision Memorandum).                         4 See sections 776(a) and (b) of the Act.             8 As discussed in the Preliminary Decision
                                                   3 See Memorandum, ‘‘Scope Comments Decision            5 See Issues and Decision Memorandum; see also      Memorandum, Commerce has found the following
                                                Memorandum for the Preliminary Determinations,’’        Memorandum, ‘‘Final Analysis Memorandum for           companies to be cross-owned with Echjay Forgings
                                                dated November 15, 2017 (Preliminary Scope              Echjay Forgings Pvt. Ltd,’’ dated concurrently with   Private Limited: Echjay Forging Industries Private
                                                Decision Memorandum).                                   this notice.                                          Limited.



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                                                40750                       Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices

                                                Disclosure                                              responsibility concerning the                           The country of origin for certain forged
                                                                                                        disposition of proprietary information                stainless steel flanges, whether unfinished,
                                                  We intend to disclose the calculations                                                                      semi-finished, or finished is the country
                                                performed within five days of the date                  disclosed under APO in accordance
                                                                                                                                                              where the flange was forged. Subject
                                                of publication of this notice to parties in             with 19 CFR 351.305(a)(3). Timely                     merchandise includes stainless steel flanges
                                                this proceeding in accordance with 19                   written notification of the return or                 as defined above that have been further
                                                CFR 351.224(b).                                         destruction of APO materials or,                      processed in a third country. The processing
                                                                                                        alternatively, conversion to judicial                 includes, but is not limited to, boring, facing,
                                                Continuation of Suspension of                           protective order, is hereby requested.                spot facing, drilling, tapering, threading,
                                                Liquidation                                             Failure to comply with the regulations                beveling, heating, or compressing, and/or any
                                                   As a result of our Preliminary                       and terms of an APO is a violation that               other processing that would not otherwise
                                                                                                                                                              remove the merchandise from the scope of
                                                Determination and pursuant to section                   is subject to sanction.
                                                                                                                                                              the investigation if performed in the country
                                                703(d) of the Act, we instructed U.S.                                                                         of manufacture of the stainless steel flanges.
                                                                                                        Notification to Interested Parties
                                                Customs and Border Protection (CBP) to                                                                          Merchandise subject to the investigation is
                                                suspend liquidation of any entries of                     This determination is published                     typically imported under headings
                                                merchandise under consideration from                    pursuant to section 705(d) and 777(i) of              7307.21.1000 and 7307.21.5000 of the
                                                India that were entered, or withdrawn                   the Act and 19 CFR 351.210(c).                        Harmonized Tariff Schedule of the United
                                                from warehouse, for consumption on or                                                                         States (HTS). While HTS subheadings and
                                                                                                          Dated: August 10, 2018.                             ASTM specifications are provided for
                                                after October 25, 2017, which is 90 days
                                                                                                        James Maeder,                                         convenience and customs purposes, the
                                                prior to the date of publication in the                                                                       written description of the scope is
                                                Federal Register of the Preliminary                     Associate Deputy Assistant Secretary for
                                                                                                        Antidumping and Countervailing Duty                   dispositive.
                                                Determination. In accordance with
                                                section 703(d) of the Act, we issued                    Operations performing the duties of Deputy            Appendix II
                                                                                                        Assistant Secretary for Antidumping and
                                                instructions to CBP to discontinue the                  Countervailing Duty Operations.                       List of Topics Discussed in the Final
                                                suspension of liquidation for CVD                                                                             Decision Memo
                                                purposes for subject merchandise                        Appendix I                                            I. Summary
                                                entered, or withdrawn from warehouse,                   Scope of the Investigation                            II. Background
                                                on or after May 22, 2018, but to                                                                              III. Scope of The Investigation
                                                continue the suspension of liquidation                     The products covered by this investigation         IV. Final Determination of Critical
                                                on all entries from January 23, 2018,                   are certain forged stainless steel flanges,                 Circumstances
                                                through May 21, 2018.                                   whether unfinished, semi-finished, or                 V. Subsidies Valuation Information
                                                   If the U.S. International Trade                      finished (certain forged stainless steel              VI. Benchmarks and Interest Rates
                                                                                                        flanges). Certain forged stainless steel flanges      VII. Use of Facts Otherwise Available and
                                                Commission (ITC) issues a final                         are generally manufactured to, but not                      Adverse Inferences
                                                affirmative injury determination, we                    limited to, the material specification of             VIII. Analysis of Programs
                                                will issue a countervailing duty order                  ASTM/ASME A/SA182 or comparable                       IX. Discussion of the Issues
                                                and will require a cash deposit of                      domestic or foreign specifications. Certain              Comment 1: The Application of AFA to
                                                estimated countervailing duties for such                forged stainless steel flanges are made in                  Bebitz
                                                entries of subject merchandise in the                   various grades such as, but not limited to,              Comment 2: SHIS Licenses Discovered at
                                                amounts indicated above. If the ITC                     304, 304L, 316, and 316L (or combinations                   Verification
                                                determines that material injury, or                     thereof). The term ‘‘stainless steel’’ used in           Comment 3: Echjay’s Reporting of the
                                                threat of material injury, does not exist,              this scope refers to an alloy steel containing,             Provision of Stainless Steel, Billet, and
                                                this proceeding will be terminated, and                 by actual weight, 1.2 percent or less of carbon             Bar by SAIL for LTAR
                                                                                                        and 10.5 percent or more of chromium, with               Comment 4: Whether Sufficient
                                                all estimated duties deposited or                       or without other elements. Unfinished                       Information Exists to Calculate a Subsidy
                                                securities posted as a result of the                    stainless steel flanges possess the                         Rate for EFIPL
                                                suspension of liquidation will be                       approximate shape of finished stainless steel            Comment 5: Whether AAP, DDB, EPCGS,
                                                refunded or canceled.                                   flanges and have not yet been machined to                   SHIS, and IEIS are Countervailable
                                                                                                        final specification after the initial forging or         Comment 6: Whether the GOI Provided
                                                U.S. International Trade Commission                                                                                 Sufficient Information for Certain
                                                                                                        like operations. These machining processes
                                                Notification                                            may include, but are not limited to, boring,                Programs
                                                  In accordance with section 705(d) of                  facing, spot facing, drilling, tapering,              X. Conclusion
                                                the Act, we will notify the ITC of our                  threading, beveling, heating, or compressing.         [FR Doc. 2018–17696 Filed 8–15–18; 8:45 am]
                                                determination. In addition, we are                      Semi-finished stainless steel flanges are
                                                                                                                                                              BILLING CODE 3510–DS–P
                                                making available to the ITC all non-                    unfinished stainless steel flanges that have
                                                                                                        undergone some machining processes. The
                                                privileged and non-proprietary
                                                                                                        scope includes six general types of flanges.
                                                information relating to this                            They are: (1) Weld neck, generally used in            DEPARTMENT OF COMMERCE
                                                investigation. We will allow the ITC                    butt-weld line connection; (2) threaded,
                                                access to all privileged and business                   generally used for threaded line connections;         International Trade Administration
                                                proprietary information in our files,                   (3) slip-on, generally used to slide over pipe;       [A–533–843]
                                                provided the ITC confirms that it will                  (4) lap joint, generally used with stub-ends/
                                                not disclose such information, either                   butt-weld line connections; (5) socket weld,          Certain Lined Paper Products From
                                                publicly or under an administrative                     generally used to fit pipe into a machine             India: Notice of Partial Rescission of
                                                protective order (APO), without the                     recession; and (6) blind, generally used to           Antidumping Duty Administrative
                                                                                                        seal off a line. The sizes and descriptions of
sradovich on DSK3GMQ082PROD with NOTICES




                                                written consent of the Acting Assistant                                                                       Review; 2016–2017
                                                                                                        the flanges within the scope include all
                                                Secretary for Enforcement and                           pressure classes of ASME B16.5 and range
                                                Compliance.                                                                                                   AGENCY:  Enforcement and Compliance,
                                                                                                        from one-half inch to twenty-four inches              International Trade Administration,
                                                Notification Regarding Administrative                   nominal pipe size. Specifically excluded              Department of Commerce.
                                                Protective Orders                                       from the scope of this investigation are cast
                                                                                                        stainless steel flanges. Cast stainless steel         DATES: Applicable August 16, 2018.
                                                  This notice serves as a reminder to                   flanges generally are manufactured to                 FOR FURTHER INFORMATION CONTACT:
                                                parties such to an APO of their                         specification ASTM A351.                              Cindy Robinson or Joy Zhang AD/CVD


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Document Created: 2018-08-16 01:02:05
Document Modified: 2018-08-16 01:02:05
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 August 16, 2018.
ContactRyan Mullen or Chelsey Simonovich, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-5260 or (202) 482- 1979, respectively.
FR Citation83 FR 40748 

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