83 FR 50336 - Stainless Steel Flanges From India: Countervailing Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 194 (October 5, 2018)
International Trade Administration
Federal Register Volume 83, Issue 194 (October 5, 2018)
| Page Range | 50336-50338 | |
| FR Document | 2018-21732 |
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)] [Notices] [Pages 50336-50338] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21732] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-878] Stainless Steel Flanges From India: Countervailing Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on the affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty order (CVD) on stainless steel flanges from India. DATES: Applicable October 5, 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 [[Page 50337]] Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5260 or (202) 482-1979, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with section 705(d) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on August 16, 2018, Commerce published its affirmative final determination that countervailable subsidies are being provided to producers and exporters of stainless steel flanges from India.\1\ --------------------------------------------------------------------------- \1\ See Stainless Steel Flanges from India: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, 83 FR 40748 (August 16, 2018) (Final Determination) and the accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- On September 28, 2018, the ITC notified Commerce of its final affirmative determination, pursuant to section 705(d) of the Act, that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act, by reason of subsidized imports of subject merchandise from India.\2\ Further, the ITC determined that critical circumstances do not exist with respect to imports of stainless steel flanges from India. --------------------------------------------------------------------------- \2\ See Letter to Gary Taverman, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from David S. Johanson, Chairman of the U.S. International Trade Commission, regarding Stainless Steel Flanges from India (September 28, 2018) (ITC Letter). --------------------------------------------------------------------------- Scope of the Order The product covered by this order is stainless steel flanges from India. For a complete description of the scope of this order, see the Appendix to this notice. Countervailing Duty Order As stated above, on September 28, 2018, in accordance with sections 705(b)(1)A(i) and 705(d) of the Act, the ITC notified Commerce of its final determination in this investigation, in which it found that an industry in the United States is materially injured by reason of imports of stainless steel flanges from India.\3\ Therefore, in accordance with section 705(c)(2) of the Act, Commerce is issuing this countervailing duty order. Because the ITC determined that imports of stainless steel flanges from India are materially injuring a U.S. industry, unliquidated entries of such merchandise from India, entered or withdrawn from warehouse for consumption, are subject to assessment of countervailing duties. --------------------------------------------------------------------------- \3\ See ITC Letter. --------------------------------------------------------------------------- Therefore, in accordance with section 706(a) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, countervailing duties for all relevant entries of stainless steel flanges from India. Countervailing duties will be assessed on unliquidated entries of stainless steel flanges from India entered, or withdrawn from warehouse for consumption on or after January 23, 2018, the date of publication of the Preliminary Determination.\4\ --------------------------------------------------------------------------- \4\ See Countervailing Duty Investigation of Stainless Steel Flanges from India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative and Alignment of Final Determination with Final Antidumping Duty Determination, 83 CFR 3118 (January 23, 2018) (Preliminary Determination) and the accompanying Preliminary Decision Memorandum. However, as described further below, countervailing duties will not be assessed on merchandise entered, or withdrawn for consumption, during the period of time between the expiration of provisional measures and the publication of the ITC's final injury determination in the Federal Register. --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 706 of the Act, Commerce will instruct CBP to suspend liquidation on all relevant entries of stainless steel flanges from India, as further described below. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the amounts as indicated below. 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 subsidy rates listed below.\5\ The all-others rate applies to all producers or exporters not specifically listed below, as appropriate. --------------------------------------------------------------------------- \5\ See section 706(a)(3) of the Act. ------------------------------------------------------------------------ Subsidy Company rate (percent) ------------------------------------------------------------------------ Bebitz Flanges Works Private Limited........................ 256.16 Echjay Forgings Private Limited............................. 4.92 All Others.................................................. 4.92 ------------------------------------------------------------------------ Provisional Measures Section 703(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months. In the underlying investigations, Commerce published the Preliminary Determination on January 23, 2018. As such, the four-month period beginning on the date of publication of the Preliminary Determination ended on May 22, 2018. Furthermore, section 707(b) of the Act states that definitive duties are to begin on the date of the publication of the ITC's final injury determination. Therefore, in accordance with section 703(d) of the Act and our practice, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to countervailing duties, unliquidated entries of stainless steel flanges from India entered, or withdrawn from warehouse, for consumption, on or after May 22, 2018, the date 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. Critical Circumstances With regard to the ITC's negative critical circumstances determination on imports of stainless steel flanges from India, we will instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated countervailing duties with respect to entries of the subject merchandise ordered, or withdrawn from warehouse, for consumption on or after October 25, 2017 (i.e., 90 days prior to the date of the publication of the Preliminary Determination), but before January 23, 2018 (i.e., the date of publication of the Preliminary Determination). Notification to Interested Parties This notice constitutes the countervailing duty order with respect to stainless steel flanges from India pursuant to section 706(a) of the Act. Interested parties can find a list of countervailing duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. This order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). Dated: October 1, 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 [[Page 50338]] 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 order 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 (HTS). While HTS subheadings and ASTM specifications are provided for convenience and customs purposes, the written description of the scope is dispositive. [FR Doc. 2018-21732 Filed 10-4-18; 8:45 am] BILLING CODE 3510-DS-P
![50336 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices
Dated: October 1, 2018. Requirements for Submissions Presidential Proclamations 9704 and
Andrew McGilvray, Requesting Exclusions from the 9705.
Executive Secretary. Remedies Instituted in Presidential This information collection request
[FR Doc. 2018–21724 Filed 10–4–18; 8:45 am] Proclamation 9705 of March 8, 2018 may be viewed on the U.S. Department
BILLING CODE 3510–DS–P Adjusting Imports of Steel Articles into of Commerce website and the
the United States; and to Supplement Department’s responses to clause to
No. 2 to Part 705—Requirements for exclusion requests at reginfo.gov http://
DEPARTMENT OF COMMERCE Submissions Requesting Exclusions www.reginfo.gov/public/. Follow the
from the Remedies Instituted in instructions to view Department of
Bureau of Industry and Security Presidential Proclamation 9704 of Commerce collections currently under
March 8, 2018 to Adjusting Imports of review by OMB.
Proposed Information Collection; Aluminum into the United States.
Comment Request; Procedures for This collection of information gives IV. Request for Comments
Submitting Rebuttals and Surrebuttals U.S. Companies the opportunity to Comments are invited on: (a) Whether
Requests for Exclusions From and submit rebuttals to objections received the proposed collection of information
Objections to the Section 232 National on posted exclusion requests and also is necessary for the proper performance
Security Adjustments of Imports of allows U.S. companies the opportunity of the functions of the agency, including
Steel and Aluminum to submit surrebuttals for objections whether the information shall have
AGENCY: Bureau of Industry and they submitted that receive rebuttals practical utility; (b) the accuracy of the
Security. U.S. Department of Commerce. under the Section 232 exclusion agency’s estimate of the burden
process. (including hours and cost) of the
ACTION: Notice.
Adding a rebuttal and surrebuttal proposed collection of information; (c)
SUMMARY: The Department of process is an important step in further ways to enhance the quality, utility, and
Commerce, as part of its continuing improving the exclusion request and clarity of the information to be
effort to reduce paperwork and objection process for requesting collected; and (d) ways to minimize the
respondent burden, invites the general exclusions from the remedies instituted burden of the collection of information
public and other Federal agencies to by the President. These voluntary on respondents, including through the
take this opportunity to comment on rebuttals and surrebuttals will allow the use of automated collection techniques
proposed and/or continuing information U.S. Government to better evaluate or other forms of information
collections, as required by the whether an exclusion request should be technology.
Paperwork Reduction Act of 1995. granted based on the information Comments submitted in response to
DATES: To ensure consideration, written provided in an exclusion request and this notice will be summarized and/or
comments must be submitted on or taking into account any objections to a included in the request for OMB
before December 4, 2018. submitted exclusion request, rebuttals, approval of this information collection;
ADDRESSES: Direct all written comments
and surrebuttals. Many commenters on they also will become a matter of public
the March 19 rule, referenced above, record.
to Jennifer Jessup, Departmental
requested the Department make this
Paperwork Clearance Officer, Sheleen Dumas,
type of a change to ensure that the
Department of Commerce, 1401 Departmental Lead PRA Officer, Office of the
process was fair and the Department
Constitution Avenue NW, Room 6616, Chief Information Officer.
had all of the relevant information when
Washington, DC 20230 (or via the [FR Doc. 2018–21695 Filed 10–4–18; 8:45 am]
an objection to an exclusion request
internet at docpra@doc.gov.)
received a rebuttal or a surrebuttal was BILLING CODE 3510–33–P
FOR FURTHER INFORMATION CONTACT: received.
Requests for additional information or
copies of the information collection II. Method of Collection DEPARTMENT OF COMMERCE
instrument and instructions should be Submitted Electronically.
directed to Mark Crace, BIS ICB Liaison, International Trade Administration
(202) 482–8093 or at mark.crace@ III. Data
[C–533–878]
bis.doc.gov. OMB Control Number: 0694–0141.
SUPPLEMENTARY INFORMATION:
Form Number(s): 0694–0141. Stainless Steel Flanges From India:
Type of Review: Regular Submission. Countervailing Duty Order
I. Abstract Affected Public: Business or other for-
On September 11, 2018, Bureau of profit organizations. AGENCY: Enforcement and Compliance,
Estimated Number of Respondents: International Trade Administration,
Industry and Security (BIS) published a
62,823. Department of Commerce.
second interim final rule, Revisions to Estimated Total Annual Burden
the Requirements for Submissions SUMMARY: Based on the affirmative final
Hours: 62,823. determinations by the Department of
Requesting Exclusions from the Estimated Time per Response: 1 hour.
Remedies Instituted in Presidential Commerce (Commerce) and the
Estimated Total Annual Cost to
Proclamations Adjusting Imports of International Trade Commission (ITC),
Public: $0. (This is not the cost of
Steel into the United States and Commerce is issuing a countervailing
respondents’ time, but the indirect costs
Adjusting Imports of Aluminum into the duty order (CVD) on stainless steel
respondents may incur for such things
United States; and the filing of flanges from India.
as purchases of specialized software or
daltland on DSKBBV9HB2PROD with NOTICES
Objections to Submitted Exclusion hardware needed to report, or DATES: Applicable October 5, 2018.
Requests for Steel and Aluminum. This expenditures for accounting or records FOR FURTHER INFORMATION CONTACT:
second interim final rule that was maintenance services required Ryan Mullen or Chelsey Simonovich,
published by BIS, on behalf of the specifically by the collection.) AD/CVD Operations, Office V,
Secretary, made changes to the two Respondent’s Obligation: Voluntary. Enforcement and Compliance,
supplements added in the March 19 Legal Authority: Section 232 of the International Trade Administration,
rule: Supplement No. 1 to Part 705— Trade Expansion Act of 1962, U.S. Department of Commerce, 1401
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![50338 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices
flanges are made in various grades such as, DEPARTMENT OF COMMERCE from respondent interested parties with
but not limited to, 304, 304L, 316, and 316L respect to the order covered by this
(or combinations thereof). The term International Trade Administration sunset review, nor was a hearing
‘‘stainless steel’’ used in this scope refers to requested. Pursuant to section
[A–570–908]
an alloy steel containing, by actual weight, 751(c)(3)(B) of the Act and 19 CFR
1.2 percent or less of carbon and 10.5 percent Sodium Hexametaphosphate From the 351.218(e)(1)(ii)(C)(2), Commerce is
or more of chromium, with or without other People’s Republic of China: Final conducting an expedited (120-day)
elements. Unfinished stainless steel flanges Results of the Expedited Second sunset review of this order.
possess the approximate shape of finished Sunset Review of the Antidumping
stainless steel flanges and have not yet been Scope of the Order
Duty Order
machined to final specification after the The merchandise subject to the order
initial forging or like operations. These AGENCY: Enforcement and Compliance, is SHMP. For a complete description of
machining processes may include, but are International Trade Administration, the scope of this order, see the
not limited to, boring, facing, spot facing, Department of Commerce. accompanying Issues and Decision
drilling, tapering, threading, beveling, SUMMARY: As a result of this sunset Memorandum.5
heating, or compressing. Semi-finished review, the Department of Commerce
stainless steel flanges are unfinished stainless Analysis of Comments Received
(Commerce) finds that revocation of the
steel flanges that have undergone some antidumping duty order on sodium All issues raised in this review,
machining processes. The scope includes six hexametaphosphate (SHMP) from the including the likelihood of continuation
general types of flanges. They are: (1) Weld People’s Republic of China (China) or recurrence of dumping in the event
neck, generally used in butt-weld line would be likely to lead to continuation of revocation and the magnitude of the
connection; (2) threaded, generally used for margin likely to prevail if the order was
or recurrence of dumping at the level
threaded line connections; (3) slip-on, revoked, are addressed in the
indicated in the ‘‘Final Results of Sunset
generally used to slide over pipe; (4) lap accompanying Issues and Decision
Review’’ section of this notice.
joint, generally used with stub-ends/butt- Memorandum. The Issues and Decision
weld line connections; (5) socket weld, DATES: Applicable October 5, 2018.
Memorandum is a public document and
generally used to fit pipe into a machine FOR FURTHER INFORMATION CONTACT: is on file electronically via Enforcement
recession; and (6) blind, generally used to Christian Llinas, AD/CVD Operations, and Compliance’s Antidumping and
seal off a line. The sizes and descriptions of Office V, Enforcement and Compliance, Countervailing Duty Centralized
the flanges within the scope include all International Trade Administration, Electronic Service System (ACCESS).
pressure classes of ASME B16.5 and range U.S. Department of Commerce, 1401 ACCESS is available to registered users
from one-half inch to twenty-four inches Constitution Avenue NW, Washington, at http://access.trade.gov, and to all
nominal pipe size. Specifically excluded DC 20230; telephone: (202) 482–4877. parties in the Central Records Unit,
from the scope of this order are cast stainless SUPPLEMENTARY INFORMATION: room B8024 of the main Department of
steel flanges. Cast stainless steel flanges Commerce building. In addition, a
generally are manufactured to specification Background
complete version of the Issues and
ASTM A351. On March 19, 2008, Commerce Decision Memorandum can be accessed
The country of origin for certain forged published the antidumping duty order directly on the internet at http://
stainless steel flanges, whether unfinished, on SHMP from China.1 On June 1, 2018, enforcement.trade.gov/frn/. The signed
semi-finished, or finished is the country Commerce published the notice of Issues and Decision Memorandum and
where the flange was forged. Subject initiation of the second sunset review of the electronic version of the Issues and
merchandise includes stainless steel flanges the antidumping duty order on SHMP
as defined above that have been further
Decision Memorandum are identical in
from China, pursuant to section 751(c) content.
processed in a third country. The processing of the Tariff Act of 1930, as amended
includes, but is not limited to, boring, facing, (the Act).2 On June 8, 2018, Commerce Final Results of Sunset Review
spot facing, drilling, tapering, threading, received a notice of intent to participate Pursuant to sections 751(c)(1) and
beveling, heating, or compressing, and/or any from ICL Specialty Products, Inc. and 752(c)(1) and (3) of the Act, we
other processing that would not otherwise Innophos, Inc. (collectively, the determine that revocation of the
remove the merchandise from the scope of
Petitioners) as domestic interested antidumping duty order on SHMP from
the order if performed in the country of
parties, within the deadline specified in China would likely lead to continuation
manufacture of the stainless steel flanges.
19 CFR 351.218(d)(1)(i).3 or recurrence of dumping and that the
Merchandise subject to the order is
On July 2, 2018, we received a magnitude of the dumping margins
typically imported under headings
complete substantive response for the likely to prevail would be the weighted-
7307.21.1000 and 7307.21.5000 of the
review from the domestic interested average dumping margins up to the
Harmonized Tariff Schedule of the United
parties within the 30-day deadline following weighted-average dumping
States (HTS). While HTS subheadings and
ASTM specifications are provided for
specified in 19 CFR 351.218(d)(3)(i).4 margin: 188.05.
convenience and customs purposes, the
We received no substantive responses
Notification to Interested Parties
written description of the scope is 1 See Notice of Antidumping Duty Order: Sodium This notice serves as the only
dispositive. Hexametaphosphate from the People’s Republic of reminder to parties subject to
[FR Doc. 2018–21732 Filed 10–4–18; 8:45 am] China, 73 FR 14772 (March 19, 2008) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 83
administrative protective order (APO) of
BILLING CODE 3510–DS–P their responsibility concerning the
daltland on DSKBBV9HB2PROD with NOTICES
FR 25436 (June 1, 2018).
3 See Petitioners’ Letter, ‘‘Sodium return or destruction of proprietary
Hexametaphosphate from China: Notice of Intent to
Participate,’’ dated June 8, 2018. 5 See Memorandum, ‘‘Second Expedited Sunset
4 See Petitioners’ Letter, ‘‘Sodium Review of the Antidumping Duty Order on Sodium
Hexametaphosphate (SHMP) from China: Hexametaphosphate from the People’s Republic of
Substantive Response to Notice of Initiation of Five- China,’’ dated concurrently with, and hereby
Year (Sunset) Review of the Antidumping Order,’’ adopted by, this notice (Issues and Decision
dated July 2, 2018. Memorandum).
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Document Created: 2018-10-05 01:52:59
Document Modified: 2018-10-05 01:52:59
| 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 October 5, 2018. | |
| 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. | |
| FR Citation | 83 FR 50336 |
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