83 FR 50639 - Stainless Steel Flanges From India: Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 195 (October 9, 2018)
International Trade Administration
Federal Register Volume 83, Issue 195 (October 9, 2018)
| Page Range | 50639-50641 | |
| FR Document | 2018-21851 |
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)] [Notices] [Pages 50639-50641] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21851] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-877] Stainless Steel Flanges From India: 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 India. DATES: Applicable October 9, 2018. FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Christian Llinas, 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) 482-7425 and (202) 482-4877, respectively. 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 August 16, 2018, Commerce published its affirmative Final Determination in the less than fair value (LTFV) investigation of stainless steel flanges from India.\1\ On September 28, 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 India, within the meaning of section 735(b)(1)(A) of the Act.\2\ --------------------------------------------------------------------------- \1\ See Stainless Steel Flanges from India: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstance Determination, 83 FR 40745 (August 16, 2018) (Final Determination). \2\ See ITC Letter regarding stainless steel flanges from India, dated September 28, 2018 (ITC Notification); see also Stainless Steel Flanges from China, Inv. No. 731-TA-1384 (Final), USITC Pub. 4828 (September 2018). --------------------------------------------------------------------------- Scope of the Order The products covered by this order are stainless steel flanges from India. 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 India 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 India. These antidumping duties [[Page 50640]] will be assessed on unliquidated entries of stainless steel flanges from India entered, or withdrawn from warehouse, for consumption on or after March 28, 2018, the date of publication of 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 India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 13246 (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 India. 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 ``All Others'' 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. The four-month period beginning on March 28, 2018, the date of publication of the Preliminary Determination, ended on August 10, 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 India entered, or withdrawn from warehouse, for consumption on or after August 10, 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: ------------------------------------------------------------------------ Estimated weighted- Cash deposit average rate Exporter or producer dumping (adjusted for margin offset(s)) (percent) (percent) ------------------------------------------------------------------------ Chandan................................. 19.16 14.29 Echjay single entity.................... 145.25 140.38 Bebitz/Viraj single entity.............. 145.25 145.25 All Others.............................. 19.16 14.29 ------------------------------------------------------------------------ Notification to Interested Parties This notice constitutes the antidumping duty order with respect to stainless steel flanges from India, 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: October 2, 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 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 [[Page 50641]] the investigation if performed in the country of manufacture of the stainless-steel flanges. Merchandise subject to this investigation 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. 2018-21851 Filed 10-5-18; 8:45 a.m.] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices 50639
Assessment Rates deposit requirements, when imposed, FOR FURTHER INFORMATION CONTACT:
Upon issuance of the final results, shall remain in effect until further Benito Ballesteros or Christian Llinas,
Commerce shall determine, and CBP notice. AD/CVD Operations, Office V,
shall assess, antidumping duties on all Enforcement and Compliance,
Notification to Importers
appropriate entries covered by this International Trade Administration,
This notice also serves as a U.S. Department of Commerce, 1401
review.10 We will instruct CBP to assess
preliminary reminder to importers of Constitution Avenue NW, Washington,
antidumping duties on all appropriate
their responsibility under 19 CFR DC 20230; telephone: (202) 482–7425
entries covered by this review. Where
351.402(f)(2) to file a certificate and (202) 482–4877, respectively.
assessments are based upon total facts
regarding the reimbursement of SUPPLEMENTARY INFORMATION:
available, including AFA, we instruct
antidumping duties prior to liquidation
CBP to assess duties at the AFA margin Background
of the relevant entries during this POR.
rate. The final results of this review
Failure to comply with this requirement In accordance with section 735(d) and
shall be the basis for the assessment of
could result in Commerce’s 777(i)(1) of the Tariff Act of 1930, as
antidumping duties on entries of
presumption that reimbursement of amended (the Act), and 19 CFR
merchandise covered by the final results
antidumping duties occurred and the 351.210(c), on August 16, 2018,
of this review and for future deposits of
subsequent assessment of doubled Commerce published its affirmative
estimated duties, where applicable.11
Further, if we continue to find in the antidumping duties. Final Determination in the less than fair
value (LTFV) investigation of stainless
final results that Banduoo, Fujian Notification to Interested Parties
steel flanges from India.1 On September
Rongshu, Roung Shu, and Xiamen Yi-He We are issuing and publishing these 28, 2018, the ITC notified Commerce of
had no shipments of subject results in accordance with sections its final determination pursuant to
merchandise during the POR, we will 751(a)(1) and 777(i)(1) of the Act. section 735(d) of the Act, that an
instruct CBP to liquidate any suspended
Dated: October 2, 2018. industry in the United States is
entries that entered under their
Gary Taverman, materially injured by reason of LTFV
antidumping duty case numbers (i.e., at
Deputy Assistant Secretary for Antidumping imports of stainless steel flanges from
that exporter’s rate) at the all-others rate
and Countervailing Duty Operations, India, within the meaning of section
if there is no rate for the intermediate
performing the non-exclusive functions and 735(b)(1)(A) of the Act.2
company(ies) involved in the
duties of the Assistant Secretary for
transaction. We intend to issue Scope of the Order
Enforcement and Compliance.
liquidation instructions to CBP 15 days The products covered by this order
after publication of the final results of Appendix are stainless steel flanges from India.
this review. List of Topics Discussed in the Preliminary For a complete description of the scope
Cash Deposit Requirements Decision Memorandum of the order, see the Appendix to this
I. Summary notice.
The following deposit requirements
II. Background
will be effective upon publication of the Antidumping Duty Order
III. Scope of the Order
notice of final results of administrative IV. Preliminary Determination of No In accordance with sections
review for all shipments of the subject Shipments 735(b)(1)(A) and 735(d) of the Act, the
merchandise entered, or withdrawn V. Application of Facts Available and ITC has notified Commerce of its final
from warehouse, for consumption on or Adverse Inferences determination in this investigation, in
after the date of publication as provided A. Use of Facts Otherwise Available which it found that imports of stainless
by section 751(a)(2)(C) of the Act: (1) B. Application of Facts Available With an
Adverse Inference
steel flanges from India are materially
The cash deposit rate for Ming Wei will injuring a U.S. industry.3 Therefore, in
C. Selection and Corroboration of Adverse
be that established in the final results of Facts Available Rate accordance with sections 735(c)(2) and
this review; (2) for merchandise VI. Recommendation 736(a) of the Act, we are publishing this
exported by manufacturers or exporters antidumping duty order.
[FR Doc. 2018–21849 Filed 10–5–18; 8:45 am]
not covered in this review but covered As a result of the ITC’s final
BILLING CODE 3510–DS–P
in a prior segment of the proceeding, the determination, in accordance with
cash deposit rate will continue to be the section 736(a)(1) of the Act, Commerce
company-specific rate published for the DEPARTMENT OF COMMERCE will direct U.S. Customs and Border
most recently completed segment; (3) if Protection (CBP) to assess, upon further
the exporter is not a firm covered in this International Trade Administration instruction by Commerce, antidumping
review, or the original investigation, but duties equal to the amount by which the
the manufacturer is, the cash deposit [A–533–877] normal value of the merchandise
rate will be the rate established for the Stainless Steel Flanges From India: exceeds the export price (or constructed
most recently completed segment for the Antidumping Duty Order export price) of the merchandise, for all
manufacturer of the merchandise; and relevant entries of stainless steel flanges
(4) the cash deposit rate for all other AGENCY: Enforcement and Compliance, from India. These antidumping duties
manufacturers or exporters will International Trade Administration,
continue to be 4.37 percent, the all- Department of Commerce. 1 See Stainless Steel Flanges from India: Final
others rate determined in the less-than- SUMMARY: Based on affirmative final Affirmative Determination of Sales at Less Than
amozie on DSK3GDR082PROD with NOTICES1
Fair Value and Final Affirmative Critical
fair-value investigation.12 These cash determinations by the Department of Circumstance Determination, 83 FR 40745 (August
Commerce (Commerce) and the 16, 2018) (Final Determination).
10 See 19 CFR 351.212(b)(1). International Trade Commission (ITC), 2 See ITC Letter regarding stainless steel flanges
11 See section 751(a)(2)(C) of the Act. from India, dated September 28, 2018 (ITC
Commerce is issuing an antidumping
12 See Narrow Woven Ribbons With Woven Notification); see also Stainless Steel Flanges from
duty order on stainless steel flanges China, Inv. No. 731–TA–1384 (Final), USITC Pub.
Selvedge from Taiwan and the People’s Republic of
China: Amended Antidumping Duty Orders, 75 FR from India. 4828 (September 2018).
56982, 56985 (September 17, 2010). DATES: Applicable October 9, 2018. 3 See ITC Notification.
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![Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices 50641
the investigation if performed in the country update on Coastal Migratory Pelagics Committee and Law Enforcement
of manufacture of the stainless-steel flanges. (CMP) Landings; and discuss taking Committee meeting; and approve the
Merchandise subject to this investigation is final action on CMP Framework 2019–20 Operations Plan.
typically imported under headings Amendment 7—Modifications to Gulf Late morning (approximately 11:15
7307.21.1000 and 7307.21.5000 of the a.m.), the Full Council will reconvene
Harmonized Tariff Schedule of the United
Cobia Size and Possession Limits. The
States (HTSUS). While HTSUS subheadings Administrative/Budget Committee will with a Call to Order, Announcements,
and ASTM specifications are provided for convene to review and approve the and Introductions; Adoption of Agenda
convenience and customs purposes, the funded budget, and proposed and Approval of Minutes; and
written description of the scope is modifications to the Statement of presenting the Recipient of the 2017
dispositive. Organization Practices and Procedures Law Enforcement Officer of the Year
[FR Doc. 2018–21851 Filed 10–5–18; 8:45 a.m.] (SOPPs). Award. The Council will review
After lunch, the Gulf SEDAR Exempted Fishing Permit (EFP)
BILLING CODE 3510–DS–P
Committee will receive a summary from applications, if any; receive a
the SEDAR Steering Committee presentation on Alabama Law
DEPARTMENT OF COMMERCE Meeting; and review the Gulf of Mexico Enforcement efforts; and a summary on
SEDAR Schedule. The Sustainable Highly Migratory Species (HMS)
National Oceanic and Atmospheric Fisheries Committee will review the Advisory Panel efforts. After lunch, the
Administration revised draft of the Conversion of Council will receive public testimony
Historical Captain Endorsements to from 1:30 p.m. until 4:30 p.m. on the
RIN 0648–XG527 Federal For-Hire Permits; Revised following items: Final Action: CMP
Gulf of Mexico Fishery Management Generic Amendment for Carryover of Framework Amendment 7:
Unharvested Quota; and the Gulf of Modifications to Gulf Cobia Size and
Council; Public Meeting
Mexico Allocation Review Triggers. Possession Limits; and, open testimony
AGENCY: National Marine Fisheries on any other fishery issues or concerns.
Tuesday, October 23, 2018; 8:30 a.m.–
Service (NMFS), National Oceanic and Anyone wishing to speak during public
5 p.m.
Atmospheric Administration (NOAA), comment should sign in at the
Commerce. The Reef Fish Management registration station located at the
ACTION: Notice of a public meeting. Committee will review Reef Fish entrance to the meeting room. Following
Landings and the revised draft for public testimony, the Council will begin
SUMMARY: The Gulf of Mexico Fishery Amendment 50: State Management receiving committee reports from the
Management Council (Council) will Program for Recreational Red Snapper Coral, Administrative/Budget, and Gulf
hold a four-day meeting to consider and Individual State Amendments. SEDAR Management Committees.
actions affecting the Gulf of Mexico After lunch, the committee with discuss
fisheries in the exclusive economic zone Reef Fish Management Objectives; Thursday, October 25, 2018; 8:30 a.m.–
(EEZ). review draft amendment for 3 p.m.
DATES: The meeting will be held on Establishing Gray Snapper Status The Council will continue to receive
Monday, October 22 through Thursday, Determination Criteria, Reference committee reports from Mackerel,
October 25, 2018. Points, and Modifications to Annual Sustainable Fisheries, Data Collection,
ADDRESSES: The meeting will take place Catch Limits; receive a presentation on Shrimp, Ecosystem, Law Enforcement,
at the Battle House Renaissance Mobile the Great Red Snapper Count; receive a and Reef Fish Management Committees.
Hotel & Spa, located at 26 North Royal summary from the Scientific and After lunch, the Council will vote on
Street, Mobile, AL 36602–3802; Statistical Committee (SSC) meeting; Exempted Fishing Permit (EFP)
telephone: (251) 338–2000. and discuss the Status of Convening the applications, if any; and receive updates
Council address: Gulf of Mexico Ad Hoc Reef Fish Headboat and Red from the following supporting agencies:
Fishery Management Council, 4107 W. Snapper Charter For-hire Advisory South Atlantic Fishery Management
Spruce Street, Suite 200, Tampa, FL Panels. Council; NOAA Office of Law
33607; telephone: (813) 348–1630. Wednesday, October 24, 2018; 8:30 Enforcement (OLE), Gulf States Marine
FOR FURTHER INFORMATION CONTACT: Dr. a.m.–5:30 p.m. Fisheries Commission; U.S. Coast
Carrie Simmons, Executive Director, Guard; U.S. Fish and Wildlife Service;
The Data Committee will review and, the Department of State.
Gulf of Mexico Fishery Management
revisions to the Marine Recreational Lastly, the Council will discuss any
Council; telephone: (813) 348–1630.
Information Program’s (MRIP) Other Business items. Discussion on
SUPPLEMENTARY INFORMATION: Recreational Data Collection Program; Aquaculture Court Decision
Agenda receive a presentation summary report
from the For-Hire Electronic Reporting —Meeting Adjourns
Monday, October 22, 2018; 8 a.m.–5:30 Workshop hosted by the Quality The meeting will be broadcast via
p.m. Management Professional Specialty webinar. You may register for the
The meeting will begin in a Full Group, and an update from the MRIP webinar by visiting www.gulfcouncil.org
Council session to assign council Red Snapper Survey Design Workshop. and clicking on the Council meeting on
members to the October 2018 through The Ecosystem Committee will review a the calendar.
October 2019 Committees. The draft outline of the Fishery Ecosystem The timing and order in which agenda
Committee Sessions will begin document. The Shrimp Committee will items are addressed may change as
amozie on DSK3GDR082PROD with NOTICES1
approximately 8:30 a.m. with the Coral review draft options for Shrimp required to effectively address the issue,
Committee reviewing analysis for the Amendment 18: Evaluation of Shrimp and the latest version along with other
Vessel Monitoring System (VMS) and Effort Threshold Reduction in the Area meeting materials will be posted on
Electronic Logbooks (ELB) Information Monitored for Juvenile Red Snapper www.gulfcouncil.org as they become
for the Flower Garden Banks National Bycatch; and, the Law Enforcement available.
Marine Sanctuary Expansion. The Committee will give a summary from Although other non-emergency issues
Mackerel Committee will receive an the Joint Law Enforcement Technical not contained in this agenda may come
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Document Created: 2018-10-06 00:59:06
Document Modified: 2018-10-06 00:59:06
| 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 9, 2018. | |
| Contact | Benito Ballesteros or Christian Llinas, 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) 482-7425 and (202) 482-4877, respectively. | |
| FR Citation | 83 FR 50639 |
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