Certain Forged Stainless Steel Flanges From India; Preliminary Results of Antidumping Duty New Shipper Administrative Review, 41706-41710 [E7-14781]
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manufacture of data storage products
(Board Order 1099, 65 FR 37115, 6/13/
00). The subzone consists of two sites
(112 acres total): Site 1 (95 acres) is
located at 2100 15th Street North,
Wahpeton, North Dakota; Site 2 (17
acres) is located at 1205 North Tower
Road, Route 2, Fergus Falls, Minnesota.
The current request involves the
addition of imported RFID chips
(HTSUS 8543.70, duty rate 2.6%) to the
company’s scope of authority for use in
the production of data tape cartridges
(duty free). No additional finished
products have been requested. The
scope otherwise would remain
unchanged.
FTZ procedures would exempt
Imation from customs duty payments on
the RFID chips used in export
production. The company anticipates
that some 53 percent of the plant’s
shipments will be exported. On its
domestic sales, Imation would be able to
choose the duty rate during customs
entry procedures that apply to finished
data tape cartridges for the RFID chips.
The application indicates that the
savings from zone procedures help
improve the plant’s international
competitiveness.
In accordance with the Board’s
regulations, a member of the FTZ staff
has been appointed examiner to
investigate the application and report to
the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address below. The closing period for
their receipt is October 1, 2007. Rebuttal
comments in response to material
submitted during the foregoing period
may be submitted during the subsequent
15–day period to October 15, 2007.
A copy of the application and
accompanying exhibits will be available
for public inspection at each of the
following locations:
U.S. Department of Commerce Export
Assistance Center, 51 Broadway, Suite
505, Fargo, ND 58102.
Office of the Executive Secretary,
Foreign–Trade Zones Board, U.S.
Department of Commerce, Room 2111,
1401 Constitution Ave. NW.,
Washington, DC 20230.
For further information, contact
Elizabeth Whiteman at
ElizabethlWhiteman@ita.doc.gov or
(202) 482–0473.
Dated: July 23, 2007.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E7–14788 Filed 7–30–07; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–809]
Certain Forged Stainless Steel Flanges
From India; Preliminary Results of
Antidumping Duty New Shipper
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting a new
shipper administrative review of the
antidumping duty order on certain
forged stainless steel flanges (stainless
steel flanges) from India manufactured
by Micro Forge (India) (Micro Forge).
The period of review (POR) covers
February 1, 2006, through July 31, 2006.
We preliminarily determine to apply an
adverse facts available (AFA) rate to
Micro Forge’s U.S. sale. We invite
interested parties to comment on these
preliminary results. Parties who submit
argument in these proceedings are
requested to submit with the argument
(1) a statement of the issues; and (2) a
brief summary of the argument.
EFFECTIVE DATE: July 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, or Robert James, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230,
telephone: (202) 482–4475 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 9, 1994, the Department
published the antidumping duty order
on stainless steel flanges from India. See
Amended Final Determination and
Antidumping Duty Order; Certain
Forged Stainless Steel Flanges from
India, 59 FR 5994 (February 9, 1994)
(Amended Final Determination). On
August 31, 2006, the Department
received requests for new shipper
reviews for the period February 1, 2006,
through July 31, 2006, from Micro Forge
and Pradeep Metals Limited (Pradeep).
On October 6, 2006, the Department
published a notice initiating the
requested reviews. See Stainless Steel
Flanges from India: Notice of Initiation
of Antidumping Duty New Shipper
Reviews, 71 FR 59081 (October 6, 2006).
On March 23, 2007, we extended the
time limit for the preliminary results of
the new shipper reviews to July 26,
2007. See Stainless Steel Flanges from
India: Notice of Extension of Time Limit
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for Preliminary Results of Antidumping
New Shipper Review, 72 FR 13746
(March 23, 2007). On March 30, 2007,
we rescinded the review with respect to
Pradeep. See Certain Forged Steel
Flanges from India: Notice of Partial
Rescission of New Shipper Review, 72
FR 15104, (March 30, 2007).On October
13, 2006, the Department sent standard
section A, B, C, and D questionnaires to
Micro Forge. On October 28, 2006,
Micro Forge filed its response to section
A of our questionnaire. In its Section A
response, Micro Forge indicated that it
made no sales of the subject
merchandise in either India (its home
market) or in any third–country market.
See Micro Forge October 28, 2006,
Section A response at page 4. On
November 15, 2006, Micro Forge filed
its response to sections C and D of our
questionnaire. Micro Forge indicated
that it filed a response to Section D of
our questionnaire because it had no
sales of subject merchandise in either
India or in third countries during the
period of review.
In our analysis of Micro Forge’s
response to Sections A, C, and D of our
questionnaire, the Department
discovered serious deficiencies. Among
other things, these deficiencies included
Micro Forge’s failing to 1) adequately
describe how it produced flanges, 2)
detail or explain the services that Micro
Forge received from affiliated parties
relating to the production and sale of
flanges, 3) report the basis of its
calculation for certain adjustments to
the U.S. price, and to clarify whether
these U.S. adjustments were reported in
the original currency of transaction, 4)
explain the basis for the calculation of
direct materials (DIRMAT), labor
(DIRLAB), variable overhead (VOH),
fixed overhead (FOH), general and
administrative expenses (GNA) and
interest (INTEX) expenses that support
its CV calculation. These deficiencies
were such that the Department was
unable to calculate a margin for Micro
Forge. Therefore we sent a supplemental
section A, C, and D questionnaire to
Micro Forge on April 4, 2007, that
requested the additional information
necessary for us to complete our
analysis. We established a due date of
April 17, 2006, for Micro Forge to
respond to our April 4, 2007,
supplemental questionnaire.
On April 17, 2007, Micro Forge sent
an e–mail to the Department attempting
to secure a one-month extension in
which to respond to our April 4, 2007,
supplemental questionnaire. As
required by 19 CFR 351.103, Micro
Forge failed to file its April 17, 2007,
request with the Department’s Central
Records Unit (CRU). Moreover, Micro
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Forge’s April 17, 2007, e–mail failed to
meet the format, service, and
certification requirements stipulated at
19 CFR 351.303. These deficiencies
notwithstanding, we placed Micro
Forge’s e–mail and our April 17, 2007,
e–mail response to Micro Forge on the
record of this proceeding. See April 16,
2007, e–mail from Mayur Joshi to Robert
James. Also on April 17, 2007, we
issued a letter to Micro Forge, granting
Micro Forge an extension until April 27,
2007, in which to respond to our April
4, 2007, supplemental questionnaire.
However, in granting the extension to
Mico Forge we informed Micro Forge
that in future filings it must adhere to
our filing requirements. See April 17,
2007, e–mail from Robert James to
Mayur Joshi.
The April 27, 2007, deadline passed
with no response from Micro Forge. On
May 7, 2007, Micro Forge submitted
another e–mail in which it attempted to
submit a response to our April 4, 2007,
supplemental questionnaire. On May
11, 2007, Micro Forge filed with our
CRU an undated response to our April
4, 2007, supplemental questionnaire. On
May 14, 2007, we sent Micro Forge a
letter indicating that ‘‘your electronic
mail submission fails to meet the filing
format, service, and certification
requirements required by 19 CFR
351.303.’’ We further informed Micro
Forge in our May 14, 2007, letter that we
were cancelling the sales and
constructed value verification of Micro
Forge due to begin on May 21, 2007. We
informed Micro Forge that we were
cancelling this verification because of
the company’s ‘‘failure to provide
complete and timely response to the
Department’s original and supplemental
questionnaires.’’ On May 17, 2007, we
issued a letter to Micro Forge in which
we rejected Micro Forge’s May 11, 2007,
response as untimely. (Micro Forge filed
its response two weeks past the April
27, 2007, extended due date.) We
further indicated in our May 17, 2007,
letter that we were returning copies of
Micro Forge’s submission pursuant to
section 351.302(d)(1) and (2) of the
Department’s regulations.
Scope of the order
The products covered by this order
are certain forged stainless steel flanges,
both finished and not finished,
generally manufactured to specification
ASTM A–182, and made in alloys such
as 304, 304L, 316, and 316L. The scope
includes five general types of flanges.
They are weld–neck, used for butt–weld
line connection; threaded, used for
threaded line connections; slip–on and
lap joint, used with stub–ends/butt–
weld line connections; socket weld,
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used to fit pipe into a machined
recession; and blind, used to seal off a
line. The sizes of the flanges within the
scope range generally from one to six
inches; however, all sizes of the above–
described merchandise are included in
the scope. Specifically excluded from
the scope of this order are cast stainless
steel flanges. Cast stainless steel flanges
generally are manufactured to
specification ASTM A–351. The flanges
subject to this order are currently
classifiable under subheadings
7307.21.1000 and 7307.21.5000 of the
Harmonized Tariff Schedule (HTS).
Although the HTS subheading is
provided for convenience and customs
purposes, the written description of the
merchandise under review is dispositive
of whether or not the merchandise is
covered by the scope of the order.
Use of Adverse Facts Available
In accordance with section 776(a)(2)
of the Tariff Act of 1930, as amended
(the Tariff Act), the Department has
determined that the use of adverse facts
available is appropriate for purposes of
determining the preliminary dumping
margin for the subject merchandise sold
by Micro Forge. Pursuant to section
776(a)(2) of the Tariff Act the
Department shall (with certain
exceptions not applicable here) use the
facts otherwise available in reaching
applicable determinations under this
subtitle if an interested party (A)
withholds information that has been
requested by the administrating
authority; (B) fails to provide such
information by the deadlines for
submission of the information or in the
form and manner requested, subject to
subsections (c)(1) and (e) of section 782
of the Tariff Act; (C) significantly
impedes a proceeding under this
subtitle; or (D) provides such
information but the information cannot
be verified as provided in section 782(i).
See Tariff Act section 776(a)(2).
Moreover, section 776(b) of the Tariff
Act provides, in relevant part, that:
If the administering authority finds
that an interested party has failed to
cooperate by not acting to the best
of its ability to comply with a
request for information from the
administering authority or the
Commission, the administering
authority or the Commission (as the
case may be), in reaching the
applicable determination under this
subtitle, may use an inference that
is adverse to the interests of the
party in selecting from among the
facts otherwise available.
The Department preliminarily
determines that Mico Forge’s
questionnaire responses of October 28,
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2006, and November 15, 2006, cannot
serve as the basis for the calculation of
Micro Forge’s margin because we are
unable to trust the reliability of the
information conveyed in those
questionnaire responses. The
deficiencies identified in Micro Forge’s
October 28, 2006, section A response
and in Micro Forge’s November 15, 2006
section C and D responses are outlined
in a July 24, 2007, Memorandum
entitled ‘‘Preliminary Results in the
Antidumping Duty Administrative
Review of Stainless Steel Flanges from
India: Total Adverse Facts Available
and Corroboration Memorandum for
Company Rate’’ (Corroboration
Memorandum). These deficiencies are
so substantial that the Department has
no reliable basis upon which it can
conduct a margin analysis. See Section
782(e) of the Tariff Act. Furthermore, in
failing to provide information within a
timely manner, Micro Forge has
withheld information that has been
requested and has significantly impeded
this proceeding within the meaning of
section 776(a)(2)(A) and (C) of the Tariff
Act. Moreover, Micro Forge failed to
provide U.S. sales and CV information
in a timely manner and this precluded
us from proceeding with a planned
verification of Micro Forge’s sales and
cost information. Therefore, we are
basing Micro Forge’s margin on the facts
otherwise available, in accordance with
sections 776(a)(2)(A) through (C) of the
Tariff Act. See, e.g., Notice of Final
Determination of Sales at Less Than
Fair Value and Affirmative Final
Determination of Critical
Circumstances: Certain Orange Juice
From Brazil, 71 FR 2183, 2184 (January
13, 2006). See also Notice of Final
Determination of Sales of Less Than
Fair Value and Final Negative Critical
Circumstances: Carbon and Certain
Alloy Steel Wire Rod from Brazil, 67 FR
55792, 55794–96 (August 30, 2002);
Notice of Final Determination of Sales
at Less Than Fair Value: Certain Cold–
Rolled Flat–Rolled Carbon Quality Steel
Products From Brazil, 65 FR 5554, 5567
(February 4, 2000); Static Random
Access Memory Semiconductors from
Taiwan: Final Determination of Sales at
Less than Fair Value, 63 FR 8909, 8910
(February 23, 1998).
Further, we find that an adverse
inference is warranted pursuant to
section 776(b) of the Department’s
Regulations. Micro Forge submitted
substantially deficient respnses to the
Department’s original questionnaires.
As previously noted, Micro Forge failed
to (1) adequately describe how it
produced flanges, (2) detail or explain
the services that Micro Forge received
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from affiliated parties relating to the
production and sale of flanges, (3) report
the basis of its calculation for certain
adjustments to the U.S. price, and to
clarify whether these U.S. adjustments
were reported in the original currency of
transaction, (4) explain the basis for the
calculation of DIRMAT, DIRLAB, VOH,
FOH, GNA, and INTEX expenses that
support its CV calculation. In addition,
Micro Forge’s attempted response to the
Department’s April 4, 2007,
supplemental questionnaire did not
adhere to the filing deadline, already
extended. Micro Forge submitted its
response two weeks past the extended
deadline of April 27, 2007, and barely
two weeks before the Department’s
scheduled verification. Micro Forge’s
belated and inadequate response to our
April 4, 2007, letter thus left the
Department inadequate time to analyze
its response prior to conducting a
verification of the information
contained in Micro Forge’s submissions.
By declining to provide requested
information in a timely fashion despite
an extension, Micro Forge failed to
cooperate to the best of its ability in that
it did not put forth its maximum efforts
to investigate and obtain the requested
information from its records.
Furthermore, despite repeated
instructions and opportunities, Micro
Forge failed to properly file its
supplemental response with the
Department. Consequently, the
Department finds that an adverse
inference is warranted in determining
an antidumping duty margin for Micro
Forge. As a result, we are basing Micro
Forge’s margin on the facts otherwise
available, in accordance with section
776(a)(2)(A)(C) of the Act. See, e.g.,
Notice of Final Determination of Sales
at Less Than Fair Value and Affirmative
Final Determination of Critical
Circumstances: Certain Orange Juice
From Brazil, 71 FR 2183, 2184 (January
13, 2006). See also Notice of Final
Determination of Sales of Less Than
Fair Value and Final Negative Critical
Circumstances: Carbon and Certain
Alloy Steel Wire Rod from Brazil, 67 FR
55792, 55794–96 (Aug. 30, 2002); Notice
of Final Determination of Sales at Less
Than Fair Value: Certain Cold–Rolled
Flat–Rolled Carbon Quality Steel
Products From Brazil, 65 FR 5554, 5567
(Feb. 4, 2000); Static Random Access
Memory Semiconductors from Taiwan:
Final Determination of Sales at Less
than Fair Value, 63 FR 8909, 8910 (Feb.
23, 1998).
If the Department finds that an
interested party ‘‘has failed to cooperate
by not acting to the best of its ability to
comply with a request for information,’’
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the Department may use information
that is adverse to the interests of the
party as the facts otherwise available.
See section 776(b) of the Tariff Act.
Adverse inferences are appropriate ‘‘to
ensure that the party does not obtain a
more favorable result by failing to
cooperate than if it had cooperated
fully.’’ See Statement of Administrative
Action (SAA) accompanying the
Uruguay Round Agreement Act, H.R.
Doc. No. 103–316 (1994) at 870. Under
the statutory scheme, such adverse
inferences may include reliance on
information derived from 1) the
petition; 2) a final determination in the
investigation; 3) any previous review or
determination; or 4) any other
information placed on the record. See
section 776(b) of the Tariff Act. The
SAA authorizes the Department to
consider the extent to which a party
may benefit from its own lack of
cooperation. Id. The Department’s
practice when selecting an adverse rate
from among the possible sources of
information is to ensure that the margin
is sufficiently adverse to induce the
respondents to provide the Department
with complete and accurate information
in a timely manner. See Notice of Final
Determination of Sales of Less Than
Fair Value and Final Negative Critical
Circumstances: Carbon and Certain
Alloy Steel Wire Rod from Brazil, 67 FR
55792, 55796 (August 30, 2002).
Because Micro Forge currently has the
‘‘All Others’’ cash deposit rate of 162.14
percent, the Department determines that
assigning the highest margin from the
original petition and investigation in
this case, 210.00 percent, will prevent
Micro Forge from benefitting from its
failure to cooperate with the
Department’s requests for information.
See Amended Final Determination 59
FR at 5995.
The rate selected as the adverse facts
available rate of 210.00 percent, as
previously noted, originates from the
final determination of the LTFV
investigation and is based on secondary
information (i.e. the petition). Section
776(c) of the Tariff Act requires the
Department to corroberate secondary
information, to the extent practicable. In
order to corroberate secondary
information, the Department will
determine whether the information has
probative value including whether the
information is reliable and relevant. See
19 CFR 351.308(d).
To assess the reliability of the petition
margin, in accordance with section
776(c) of the Act, to the extent
practicable, we examined the key
elements of the calculations of export
price and normal value upon which the
petitioners based their margins for the
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petition. The U.S. prices in the petition
were based on quotes to U.S. customers,
most of which were obtained through
market research. Petitioners calculation
of FMV (the predecessor to NV) and
U.S. price is described at pages 22–30 of
the Petition. Those pages are attached as
Exhibit 1 of the Corroboration
Memorandum. (See Petition for the
Imposition of Antidumping Duties,
December 29, 1993, (Petitition) at page
26.) Petitioners calculated a margin of
210 percent for a 6–inch 150ι 304 weld
neck flange. We were able to corroborate
the U.S. prices in the petition, which
were used as the basis of the 210.00
percent rate (based on the highest rate
in the original petition and antidumping
duty order) by comparing these prices to
publicly available information based on
IM–145 import statistics from the U.S.
International Trade Commission’s Web
site via dataweb for HTS number
7307215000, i.e., the HTS item numbers
corresponding to all of Micro Forge’s
U.S. sales. See Corroboration
Memorandum at Exhibit 2. We noted
the weighted average reported Customs
unit value for HTS number 7307215000
during the POR was $5.76/kg. Id.
Moreover, the U.S. price per kilogram
for the 6–inch 150ι 304 weld neck
flange is $4.37. Based upon the
foregoing, we determine that the U.S.
Customs unit entered value of $5.76 per
kilogram is proximate both to the range
of prices outlined in the petition (which
range from $4.01 to $7.76 per kilogram
(Id. at 7–8) and to the $4.37 per
kilogram price of the 6 inch 150ι 304
weld neck flange (Id at 8.). We thus
conclude that the Customs unit entered
value of $5.76 continues to evince the
reliability of the Petition. The NVs in
the petition were based on actual price
quotations obtained through market
research. See Petition at 22, (Exhibit 1
of the Corroboration Memorandum).
The Department is not aware of other
independent sources of information that
would enable it to corroborate the
margin calculations in the petition
further.
With respect to the relevance aspect
of corroboration, the Department will
consider information reasonably at its
disposal as to whether there are
circumstances that would render a
margin not relevant. Where
circumstances indicate that the selected
margin is not appropriate as adverse
facts available, the Department will
disregard the margin and determine an
appropriate margin as in Flowers from
Mexico, 61 FR at 6814. Further, in
accordance with F. LII De Cecco Di
Filippo Fara S. Martino S.p.A. v. United
States, 216 F. 3d 1027, 1032 (Fed. Cir.
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June 16, 2000), we also examine
whether information on the record
would support the selected rates as
reasonable facts available.
We find that the 210.00 percent rate
which we are using for these
preliminary results is relevant as
applied to Micro Forge. The 210.00
percent margin rate has been used
recently in a prior administrative review
of this proceeding. See Certain Forged
Stainless Steel Flanges from India:
Preliminary Results of Antidumping
Duty Administrative Review, 68 FR
11361, 11365 (March 10, 2003) (in
which the Department applied the
210.00 percent rate to Snowdrop as the
basis of adverse facts available). See
also, Certain Forged Stainless Steel
Flanges from India: Preliminary Results
of Antidumping Duty Administrative
Review, 71 FR 11379, 11380 (March 7,
2006) (in which the Department applied
the 210.00 percent rate to Paramount as
the basis of adverse facts available).
There is no evidence on the record of
this proceeding which suggests that
Micro Forge is sufficiently different
from these producers such that the 210
percent rate should be inapplicable to
Micro Forge. Furthermore, as discussed
previously, the Indian imports under
the HTS number corresponding to Micro
Forge’s U.S. sales have average unit
values similar to those found in the
petition. Thus, we conclude that we
have corroberated the relevance of this
rate as applied to Micro Forge to the
extent practicable.
The implementing regulation for
section 776 of the Act, codified at 19
CFR 351.308(d), states, ‘‘(t)he fact that
corroboration may not be practicable in
a given circumstance will not prevent
the Secretary from applying an adverse
inference as appropriate and using the
secondary information in question.’’
Additionally, the SAA at 870 states
specifically that, where ‘‘corroboration
may not be practicable in a given
circumstance,’’ the Department may
nevertheless apply an adverse inference.
The SAA at 869 emphasizes that the
Department need not prove that the
facts available are the best alternative
information. Therefore, based on our
efforts, described above, to corroborate
information contained in the petition
and in accordance with 776(c) of the
Tariff Act, which discusses facts
available and corroboration, we
consider the margins in the petition to
be corroborated to the extent practicable
for purposes of this preliminary
determination. See Certain Cut–toLength Carbon Steel Plate from Mexico:
Final Results of Antidumping Duty
Administrative Review, 64 FR 76, 84
(January 4, 1999).
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Preliminary Results of Review
41709
Cash Deposit Requirements
Bonding is no longer permitted to
fulfill security requirements for
shipments from Micro Forge of certain
stainless steel flanges from India
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of these final results of
Manufacturer / Exporter
Margin (percent)
new shipper review.The following
Micro Forge ..................
210.00 deposit requirements will be effective
upon completion of the final results of
Disclosure and Public Comment
this new shipper review for all
shipments of flanges from India entered,
The Department will disclose
or withdrawn from warehouse, for
calculations performed within five days
consumption on or after the publication
of the date of publication of this notice
date of the final results of this
in accordance with 19 CFR 351.224(b).
administrative review, as provided by
An interested party may request a
section 751(a)(1) of the Tariff Act: 1) the
hearing within 30 days of publication of
cash deposit rate for the reviewed
the preliminary results. See CFR
company will be the rate established in
351.310(c). Any hearing, if requested,
the final results of this new shipper
will be held 37 days after the date of
review; if the rate for a particular
publication, or the first business day
company is zero or de minimis (i.e., less
thereafter, unless the Department alters
than 0.50 percent), no cash deposit will
the date per 19 CFR 351.310(d).
be required for that company; 2) for
Interested parties may submit case
manufacturers or exporters not covered
briefs or written comments no later than in this review, but covered in the
30 days after the date of publication of
original less–than-fair–value
these preliminary results of review.
investigation or a previous review, the
Parties may also submit rebuttal briefs
cash deposit will continue to be the
or written comments. Pursuant to 19
most recent rate published in the final
CFR 309(d), rebuttal briefs and rebuttals determination or final results for which
to written comments are limited to
the manufacturer or exporter received a
issues raised in the case briefs, and may company–specific rate; 3) if the exporter
be filed no later than 5 days after the
is not a firm covered in this review, a
time limit for filing the case briefs.
prior review or the original
Parties who submit argument in these
investigation, but the manufacturer is,
proceedings are requested to submit
the cash deposit rate will be that
with the argument: (1) a statement of the established for the most recent period
issue; (2) a brief summary of the
for that manufacturer of the
argument; and (3) a table of authorities.
merchandise; and 4) if neither the
See 19 CFR 351.309(c)(2). Further, the
exporter nor the manufacturer is a firm
Department requests parties submitting
covered in this or any previous reviews,
written comments to provide the
the cash deposit rate will be 162.14
Department with an additional copy of
percent, the ‘‘all others’’ rate established
the public version of any such
in the LTFV investigation. See
comments on diskette. The Department
Amended Final Determination 59 FR at
will issue final results of this
5995. These deposit requirements, when
administrative review, including the
imposed, shall remain in effect until
results of our analysis of the issues
publication of the final results of the
raised in any such written comments or next administrative review.
at a hearing, within 120 days of
publication of these preliminary results. Notification to Interested Parties
As a result of our review, the
Department preliminarily finds the
following weighted–average dumping
margins exist for the period February 1,
2006, through July 31, 2006:
Assessment Rates
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries. The Department
intends to issue appropriate instructions
for Micro Forge directly to CBP within
15 days of publication of the final
results of this review. The final results
of this review shall be the basis for
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review, and for
future deposits of estimated duties,
where applicable.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing this
notice in accordance with sections
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41710
Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Notices
751(a)(2)(B) and 777(i)(1) of the Tariff
Act and 19 CFR 351.221(b)(4) and 19
CFR 351.214.
Dated: July 24, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7–14781 Filed 7–31–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–863]
Honey From the People’s Republic of
China: Extension of Preliminary
Results of Antidumping Duty
Administrative Review and
Antidumping Duty New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is extending the
time limit for the preliminary results of
the administrative and new shipper
reviews of honey from the People’s
Republic of China (‘‘PRC’’). These
reviews cover the period December 1,
2005, through November 30, 2006.
EFFECTIVE DATE: July 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Catherine Bertrand or Anya Naschak,
AD/CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington, D.C. 20230;
telephone: (202) 482–3207 or (202) 482–
6375, respectively.
SUPPLEMENTARY INFORMATION:
rmajette on PROD1PC64 with NOTICES
AGENCY:
Background
On December 10, 2001, the
Department published in the Federal
Register an antidumping duty order
covering honey from the PRC. See
Notice of Amended Final Determination
of Sales at Less Than Fair Value and
Antidumping Duty Order; Honey from
the People’s Republic of China, 66 FR
63670 (December 10, 2001). On
February 2, 2007, the Department
published a notice of initiation of the
administrative review of the
antidumping duty order on honey from
the PRC. See Initiation of Antidumping
and Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 72 FR 5005 (February 2, 2007). On
February 5, 2007, the Department
published a notice of initiation of the
antidumping new shipper review of
honey from the PRC. See Honey from
the People’s Republic of China:
VerDate Aug<31>2005
15:11 Jul 30, 2007
Jkt 211001
Initiation of New Shipper Antidumping
Duty Reviews, 72 FR 5265 (February 5,
2007). On February 23, 2007, the
Department aligned the new shipper
review and the administrative review.
See Letter from Christopher Riker:
Antidumping Duty New Shipper
Review of Honey from the People’s
Republic of China (‘‘PRC’’): Alignment
with Administrative Review, dated
February 23, 2007.
The preliminary results of these
reviews are currently due no later than
September 2, 2007.
Statutory Time Limits
In antidumping duty adminstrative
reviews section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
requires the Department to make a
preliminary determination within 245
days after the last day of the anniversary
month of an order for which a review
is requested and a final determination
within 120 days after the date on which
the preliminary results are published.
However, if it is not practicable to
complete the review within these time
periods, section 751(a)(3)(A) of the Act
allows the Department to extend the
time limit for the preliminary
determination to a maximum of 365
days after the last day of the anniversary
month.
Extension of Time Limit for Preliminary
Results of Review
We determine that it is not practicable
to complete the preliminary results of
these administrative and new shipper
reviews within the original time limit
because the Department requires
additional time to analyze a large
volume of pending U.S. Customs and
Border Protection data, analyze
questionnaire responses, issue
supplemental questionnaires, conduct
verification, as well as to evaluate what
would be the most appropriate surrogate
values to use during the period of
review.
Therefore, the Department is
extending the time limit for completion
of the preliminary results of these
aligned administrative and new shipper
reviews by 90 days. The preliminary
results will now be due no later than
December 3, 2007, which is the first
business day after the 90-day extension
(the 90th day falls on the weekend). The
final results continue to be due 120 days
after the publication of the preliminary
results.
We are issuing and publishing this
notice in accordance with sections
751(a)(3)(A) and 777(i) of the Act.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Dated: July 24, 2007.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E7–14778 Filed 7–30–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–865]
Final Rescission of Antidumping Duty
Administrative Review: Certain Hot–
Rolled Carbon Steel Flat Products from
the People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Catherine Bertrand, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–3207.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 1, 2006, the Department
of Commerce (‘‘Department’’) published
a notice of opportunity to request an
administrative review of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
the People’s Republic of China (‘‘PRC’’)
for the period November 1, 2005,
through October 31, 2006. See
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 71 FR 64240
(November 1, 2006). On November 30,
2006, United States Steel (‘‘Petitioner’’),
a domestic producer of certain hot–
rolled carbon steel flat products,
requested that the Department conduct
an administrative review of Anshan
Iron& Steel Group Corp., Angang Group
International Trade Corporation,
Angang New Iron and Steel Co., Angang
New Steel Co., Ltd., and Angang Group
Hong Kong Co., Ltd. (collectively
‘‘Angang’’) and Baosteel Group
Corporation, Shanghai Baosteel
International Economic & Trading Co.,
Ltd., and Baoshan Iron and Steel Co.,
Ltd. (collectively ‘‘Baosteel’’). On
December 27, 2006, the Department
published a notice of initiation of an
antidumping duty administrative review
on certain hot–rolled carbon steel flat
products from the PRC. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
E:\FR\FM\31JYN1.SGM
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Agencies
[Federal Register Volume 72, Number 146 (Tuesday, July 31, 2007)]
[Notices]
[Pages 41706-41710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14781]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-809]
Certain Forged Stainless Steel Flanges From India; Preliminary
Results of Antidumping Duty New Shipper Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting a
new shipper administrative review of the antidumping duty order on
certain forged stainless steel flanges (stainless steel flanges) from
India manufactured by Micro Forge (India) (Micro Forge). The period of
review (POR) covers February 1, 2006, through July 31, 2006. We
preliminarily determine to apply an adverse facts available (AFA) rate
to Micro Forge's U.S. sale. We invite interested parties to comment on
these preliminary results. Parties who submit argument in these
proceedings are requested to submit with the argument (1) a statement
of the issues; and (2) a brief summary of the argument.
EFFECTIVE DATE: July 31, 2007.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, or Robert James,
AD/CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-4475
or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 9, 1994, the Department published the antidumping duty
order on stainless steel flanges from India. See Amended Final
Determination and Antidumping Duty Order; Certain Forged Stainless
Steel Flanges from India, 59 FR 5994 (February 9, 1994) (Amended Final
Determination). On August 31, 2006, the Department received requests
for new shipper reviews for the period February 1, 2006, through July
31, 2006, from Micro Forge and Pradeep Metals Limited (Pradeep). On
October 6, 2006, the Department published a notice initiating the
requested reviews. See Stainless Steel Flanges from India: Notice of
Initiation of Antidumping Duty New Shipper Reviews, 71 FR 59081
(October 6, 2006). On March 23, 2007, we extended the time limit for
the preliminary results of the new shipper reviews to July 26, 2007.
See Stainless Steel Flanges from India: Notice of Extension of Time
Limit for Preliminary Results of Antidumping New Shipper Review, 72 FR
13746 (March 23, 2007). On March 30, 2007, we rescinded the review with
respect to Pradeep. See Certain Forged Steel Flanges from India: Notice
of Partial Rescission of New Shipper Review, 72 FR 15104, (March 30,
2007).On October 13, 2006, the Department sent standard section A, B,
C, and D questionnaires to Micro Forge. On October 28, 2006, Micro
Forge filed its response to section A of our questionnaire. In its
Section A response, Micro Forge indicated that it made no sales of the
subject merchandise in either India (its home market) or in any third-
country market. See Micro Forge October 28, 2006, Section A response at
page 4. On November 15, 2006, Micro Forge filed its response to
sections C and D of our questionnaire. Micro Forge indicated that it
filed a response to Section D of our questionnaire because it had no
sales of subject merchandise in either India or in third countries
during the period of review.
In our analysis of Micro Forge's response to Sections A, C, and D
of our questionnaire, the Department discovered serious deficiencies.
Among other things, these deficiencies included Micro Forge's failing
to 1) adequately describe how it produced flanges, 2) detail or explain
the services that Micro Forge received from affiliated parties relating
to the production and sale of flanges, 3) report the basis of its
calculation for certain adjustments to the U.S. price, and to clarify
whether these U.S. adjustments were reported in the original currency
of transaction, 4) explain the basis for the calculation of direct
materials (DIRMAT), labor (DIRLAB), variable overhead (VOH), fixed
overhead (FOH), general and administrative expenses (GNA) and interest
(INTEX) expenses that support its CV calculation. These deficiencies
were such that the Department was unable to calculate a margin for
Micro Forge. Therefore we sent a supplemental section A, C, and D
questionnaire to Micro Forge on April 4, 2007, that requested the
additional information necessary for us to complete our analysis. We
established a due date of April 17, 2006, for Micro Forge to respond to
our April 4, 2007, supplemental questionnaire.
On April 17, 2007, Micro Forge sent an e-mail to the Department
attempting to secure a one-month extension in which to respond to our
April 4, 2007, supplemental questionnaire. As required by 19 CFR
351.103, Micro Forge failed to file its April 17, 2007, request with
the Department's Central Records Unit (CRU). Moreover, Micro
[[Page 41707]]
Forge's April 17, 2007, e-mail failed to meet the format, service, and
certification requirements stipulated at 19 CFR 351.303. These
deficiencies notwithstanding, we placed Micro Forge's e-mail and our
April 17, 2007, e-mail response to Micro Forge on the record of this
proceeding. See April 16, 2007, e-mail from Mayur Joshi to Robert
James. Also on April 17, 2007, we issued a letter to Micro Forge,
granting Micro Forge an extension until April 27, 2007, in which to
respond to our April 4, 2007, supplemental questionnaire. However, in
granting the extension to Mico Forge we informed Micro Forge that in
future filings it must adhere to our filing requirements. See April 17,
2007, e-mail from Robert James to Mayur Joshi.
The April 27, 2007, deadline passed with no response from Micro
Forge. On May 7, 2007, Micro Forge submitted another e-mail in which it
attempted to submit a response to our April 4, 2007, supplemental
questionnaire. On May 11, 2007, Micro Forge filed with our CRU an
undated response to our April 4, 2007, supplemental questionnaire. On
May 14, 2007, we sent Micro Forge a letter indicating that ``your
electronic mail submission fails to meet the filing format, service,
and certification requirements required by 19 CFR 351.303.'' We further
informed Micro Forge in our May 14, 2007, letter that we were
cancelling the sales and constructed value verification of Micro Forge
due to begin on May 21, 2007. We informed Micro Forge that we were
cancelling this verification because of the company's ``failure to
provide complete and timely response to the Department's original and
supplemental questionnaires.'' On May 17, 2007, we issued a letter to
Micro Forge in which we rejected Micro Forge's May 11, 2007, response
as untimely. (Micro Forge filed its response two weeks past the April
27, 2007, extended due date.) We further indicated in our May 17, 2007,
letter that we were returning copies of Micro Forge's submission
pursuant to section 351.302(d)(1) and (2) of the Department's
regulations.
Scope of the order
The products covered by this order are certain forged stainless
steel flanges, both finished and not finished, generally manufactured
to specification ASTM A-182, and made in alloys such as 304, 304L, 316,
and 316L. The scope includes five general types of flanges. They are
weld-neck, used for butt-weld line connection; threaded, used for
threaded line connections; slip-on and lap joint, used with stub-ends/
butt-weld line connections; socket weld, used to fit pipe into a
machined recession; and blind, used to seal off a line. The sizes of
the flanges within the scope range generally from one to six inches;
however, all sizes of the above-described merchandise are included in
the scope. Specifically excluded from the scope of this order are cast
stainless steel flanges. Cast stainless steel flanges generally are
manufactured to specification ASTM A-351. The flanges subject to this
order are currently classifiable under subheadings 7307.21.1000 and
7307.21.5000 of the Harmonized Tariff Schedule (HTS). Although the HTS
subheading is provided for convenience and customs purposes, the
written description of the merchandise under review is dispositive of
whether or not the merchandise is covered by the scope of the order.
Use of Adverse Facts Available
In accordance with section 776(a)(2) of the Tariff Act of 1930, as
amended (the Tariff Act), the Department has determined that the use of
adverse facts available is appropriate for purposes of determining the
preliminary dumping margin for the subject merchandise sold by Micro
Forge. Pursuant to section 776(a)(2) of the Tariff Act the Department
shall (with certain exceptions not applicable here) use the facts
otherwise available in reaching applicable determinations under this
subtitle if an interested party (A) withholds information that has been
requested by the administrating authority; (B) fails to provide such
information by the deadlines for submission of the information or in
the form and manner requested, subject to subsections (c)(1) and (e) of
section 782 of the Tariff Act; (C) significantly impedes a proceeding
under this subtitle; or (D) provides such information but the
information cannot be verified as provided in section 782(i). See
Tariff Act section 776(a)(2). Moreover, section 776(b) of the Tariff
Act provides, in relevant part, that:
If the administering authority finds that an interested party has
failed to cooperate by not acting to the best of its ability to comply
with a request for information from the administering authority or the
Commission, the administering authority or the Commission (as the case
may be), in reaching the applicable determination under this subtitle,
may use an inference that is adverse to the interests of the party in
selecting from among the facts otherwise available.
The Department preliminarily determines that Mico Forge's
questionnaire responses of October 28, 2006, and November 15, 2006,
cannot serve as the basis for the calculation of Micro Forge's margin
because we are unable to trust the reliability of the information
conveyed in those questionnaire responses. The deficiencies identified
in Micro Forge's October 28, 2006, section A response and in Micro
Forge's November 15, 2006 section C and D responses are outlined in a
July 24, 2007, Memorandum entitled ``Preliminary Results in the
Antidumping Duty Administrative Review of Stainless Steel Flanges from
India: Total Adverse Facts Available and Corroboration Memorandum for
Company Rate'' (Corroboration Memorandum). These deficiencies are so
substantial that the Department has no reliable basis upon which it can
conduct a margin analysis. See Section 782(e) of the Tariff Act.
Furthermore, in failing to provide information within a timely manner,
Micro Forge has withheld information that has been requested and has
significantly impeded this proceeding within the meaning of section
776(a)(2)(A) and (C) of the Tariff Act. Moreover, Micro Forge failed to
provide U.S. sales and CV information in a timely manner and this
precluded us from proceeding with a planned verification of Micro
Forge's sales and cost information. Therefore, we are basing Micro
Forge's margin on the facts otherwise available, in accordance with
sections 776(a)(2)(A) through (C) of the Tariff Act. See, e.g., Notice
of Final Determination of Sales at Less Than Fair Value and Affirmative
Final Determination of Critical Circumstances: Certain Orange Juice
From Brazil, 71 FR 2183, 2184 (January 13, 2006). See also Notice of
Final Determination of Sales of Less Than Fair Value and Final Negative
Critical Circumstances: Carbon and Certain Alloy Steel Wire Rod from
Brazil, 67 FR 55792, 55794-96 (August 30, 2002); Notice of Final
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled
Flat-Rolled Carbon Quality Steel Products From Brazil, 65 FR 5554, 5567
(February 4, 2000); Static Random Access Memory Semiconductors from
Taiwan: Final Determination of Sales at Less than Fair Value, 63 FR
8909, 8910 (February 23, 1998).
Further, we find that an adverse inference is warranted pursuant to
section 776(b) of the Department's Regulations. Micro Forge submitted
substantially deficient respnses to the Department's original
questionnaires. As previously noted, Micro Forge failed to (1)
adequately describe how it produced flanges, (2) detail or explain the
services that Micro Forge received
[[Page 41708]]
from affiliated parties relating to the production and sale of flanges,
(3) report the basis of its calculation for certain adjustments to the
U.S. price, and to clarify whether these U.S. adjustments were reported
in the original currency of transaction, (4) explain the basis for the
calculation of DIRMAT, DIRLAB, VOH, FOH, GNA, and INTEX expenses that
support its CV calculation. In addition, Micro Forge's attempted
response to the Department's April 4, 2007, supplemental questionnaire
did not adhere to the filing deadline, already extended. Micro Forge
submitted its response two weeks past the extended deadline of April
27, 2007, and barely two weeks before the Department's scheduled
verification. Micro Forge's belated and inadequate response to our
April 4, 2007, letter thus left the Department inadequate time to
analyze its response prior to conducting a verification of the
information contained in Micro Forge's submissions. By declining to
provide requested information in a timely fashion despite an extension,
Micro Forge failed to cooperate to the best of its ability in that it
did not put forth its maximum efforts to investigate and obtain the
requested information from its records. Furthermore, despite repeated
instructions and opportunities, Micro Forge failed to properly file its
supplemental response with the Department. Consequently, the Department
finds that an adverse inference is warranted in determining an
antidumping duty margin for Micro Forge. As a result, we are basing
Micro Forge's margin on the facts otherwise available, in accordance
with section 776(a)(2)(A)(C) of the Act. See, e.g., Notice of Final
Determination of Sales at Less Than Fair Value and Affirmative Final
Determination of Critical Circumstances: Certain Orange Juice From
Brazil, 71 FR 2183, 2184 (January 13, 2006). See also Notice of Final
Determination of Sales of Less Than Fair Value and Final Negative
Critical Circumstances: Carbon and Certain Alloy Steel Wire Rod from
Brazil, 67 FR 55792, 55794-96 (Aug. 30, 2002); Notice of Final
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled
Flat-Rolled Carbon Quality Steel Products From Brazil, 65 FR 5554, 5567
(Feb. 4, 2000); Static Random Access Memory Semiconductors from Taiwan:
Final Determination of Sales at Less than Fair Value, 63 FR 8909, 8910
(Feb. 23, 1998).
If the Department finds that an interested party ``has failed to
cooperate by not acting to the best of its ability to comply with a
request for information,'' the Department may use information that is
adverse to the interests of the party as the facts otherwise available.
See section 776(b) of the Tariff Act. Adverse inferences are
appropriate ``to ensure that the party does not obtain a more favorable
result by failing to cooperate than if it had cooperated fully.'' See
Statement of Administrative Action (SAA) accompanying the Uruguay Round
Agreement Act, H.R. Doc. No. 103-316 (1994) at 870. Under the statutory
scheme, such adverse inferences may include reliance on information
derived from 1) the petition; 2) a final determination in the
investigation; 3) any previous review or determination; or 4) any other
information placed on the record. See section 776(b) of the Tariff Act.
The SAA authorizes the Department to consider the extent to which a
party may benefit from its own lack of cooperation. Id. The
Department's practice when selecting an adverse rate from among the
possible sources of information is to ensure that the margin is
sufficiently adverse to induce the respondents to provide the
Department with complete and accurate information in a timely manner.
See Notice of Final Determination of Sales of Less Than Fair Value and
Final Negative Critical Circumstances: Carbon and Certain Alloy Steel
Wire Rod from Brazil, 67 FR 55792, 55796 (August 30, 2002). Because
Micro Forge currently has the ``All Others'' cash deposit rate of
162.14 percent, the Department determines that assigning the highest
margin from the original petition and investigation in this case,
210.00 percent, will prevent Micro Forge from benefitting from its
failure to cooperate with the Department's requests for information.
See Amended Final Determination 59 FR at 5995.
The rate selected as the adverse facts available rate of 210.00
percent, as previously noted, originates from the final determination
of the LTFV investigation and is based on secondary information (i.e.
the petition). Section 776(c) of the Tariff Act requires the Department
to corroberate secondary information, to the extent practicable. In
order to corroberate secondary information, the Department will
determine whether the information has probative value including whether
the information is reliable and relevant. See 19 CFR 351.308(d).
To assess the reliability of the petition margin, in accordance
with section 776(c) of the Act, to the extent practicable, we examined
the key elements of the calculations of export price and normal value
upon which the petitioners based their margins for the petition. The
U.S. prices in the petition were based on quotes to U.S. customers,
most of which were obtained through market research. Petitioners
calculation of FMV (the predecessor to NV) and U.S. price is described
at pages 22-30 of the Petition. Those pages are attached as Exhibit 1
of the Corroboration Memorandum. (See Petition for the Imposition of
Antidumping Duties, December 29, 1993, (Petitition) at page 26.)
Petitioners calculated a margin of 210 percent for a 6-inch
150 304 weld neck flange. We were able to corroborate the U.S.
prices in the petition, which were used as the basis of the 210.00
percent rate (based on the highest rate in the original petition and
antidumping duty order) by comparing these prices to publicly available
information based on IM-145 import statistics from the U.S.
International Trade Commission's Web site via dataweb for HTS number
7307215000, i.e., the HTS item numbers corresponding to all of Micro
Forge's U.S. sales. See Corroboration Memorandum at Exhibit 2. We noted
the weighted average reported Customs unit value for HTS number
7307215000 during the POR was $5.76/kg. Id. Moreover, the U.S. price
per kilogram for the 6-inch 150 304 weld neck flange is $4.37.
Based upon the foregoing, we determine that the U.S. Customs unit
entered value of $5.76 per kilogram is proximate both to the range of
prices outlined in the petition (which range from $4.01 to $7.76 per
kilogram (Id. at 7-8) and to the $4.37 per kilogram price of the 6 inch
150 304 weld neck flange (Id at 8.). We thus conclude that the
Customs unit entered value of $5.76 continues to evince the reliability
of the Petition. The NVs in the petition were based on actual price
quotations obtained through market research. See Petition at 22,
(Exhibit 1 of the Corroboration Memorandum). The Department is not
aware of other independent sources of information that would enable it
to corroborate the margin calculations in the petition further.
With respect to the relevance aspect of corroboration, the
Department will consider information reasonably at its disposal as to
whether there are circumstances that would render a margin not
relevant. Where circumstances indicate that the selected margin is not
appropriate as adverse facts available, the Department will disregard
the margin and determine an appropriate margin as in Flowers from
Mexico, 61 FR at 6814. Further, in accordance with F. LII De Cecco Di
Filippo Fara S. Martino S.p.A. v. United States, 216 F. 3d 1027, 1032
(Fed. Cir.
[[Page 41709]]
June 16, 2000), we also examine whether information on the record would
support the selected rates as reasonable facts available.
We find that the 210.00 percent rate which we are using for these
preliminary results is relevant as applied to Micro Forge. The 210.00
percent margin rate has been used recently in a prior administrative
review of this proceeding. See Certain Forged Stainless Steel Flanges
from India: Preliminary Results of Antidumping Duty Administrative
Review, 68 FR 11361, 11365 (March 10, 2003) (in which the Department
applied the 210.00 percent rate to Snowdrop as the basis of adverse
facts available). See also, Certain Forged Stainless Steel Flanges from
India: Preliminary Results of Antidumping Duty Administrative Review,
71 FR 11379, 11380 (March 7, 2006) (in which the Department applied the
210.00 percent rate to Paramount as the basis of adverse facts
available). There is no evidence on the record of this proceeding which
suggests that Micro Forge is sufficiently different from these
producers such that the 210 percent rate should be inapplicable to
Micro Forge. Furthermore, as discussed previously, the Indian imports
under the HTS number corresponding to Micro Forge's U.S. sales have
average unit values similar to those found in the petition. Thus, we
conclude that we have corroberated the relevance of this rate as
applied to Micro Forge to the extent practicable.
The implementing regulation for section 776 of the Act, codified at
19 CFR 351.308(d), states, ``(t)he fact that corroboration may not be
practicable in a given circumstance will not prevent the Secretary from
applying an adverse inference as appropriate and using the secondary
information in question.'' Additionally, the SAA at 870 states
specifically that, where ``corroboration may not be practicable in a
given circumstance,'' the Department may nevertheless apply an adverse
inference. The SAA at 869 emphasizes that the Department need not prove
that the facts available are the best alternative information.
Therefore, based on our efforts, described above, to corroborate
information contained in the petition and in accordance with 776(c) of
the Tariff Act, which discusses facts available and corroboration, we
consider the margins in the petition to be corroborated to the extent
practicable for purposes of this preliminary determination. See Certain
Cut-to-Length Carbon Steel Plate from Mexico: Final Results of
Antidumping Duty Administrative Review, 64 FR 76, 84 (January 4, 1999).
Preliminary Results of Review
As a result of our review, the Department preliminarily finds the
following weighted-average dumping margins exist for the period
February 1, 2006, through July 31, 2006:
------------------------------------------------------------------------
Manufacturer / Exporter Margin (percent)
------------------------------------------------------------------------
Micro Forge......................................... 210.00
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose calculations performed within five
days of the date of publication of this notice in accordance with 19
CFR 351.224(b). An interested party may request a hearing within 30
days of publication of the preliminary results. See CFR 351.310(c). Any
hearing, if requested, will be held 37 days after the date of
publication, or the first business day thereafter, unless the
Department alters the date per 19 CFR 351.310(d).
Interested parties may submit case briefs or written comments no
later than 30 days after the date of publication of these preliminary
results of review. Parties may also submit rebuttal briefs or written
comments. Pursuant to 19 CFR 309(d), rebuttal briefs and rebuttals to
written comments are limited to issues raised in the case briefs, and
may be filed no later than 5 days after the time limit for filing the
case briefs. Parties who submit argument in these proceedings are
requested to submit with the argument: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
See 19 CFR 351.309(c)(2). Further, the Department requests parties
submitting written comments to provide the Department with an
additional copy of the public version of any such comments on diskette.
The Department will issue final results of this administrative review,
including the results of our analysis of the issues raised in any such
written comments or at a hearing, within 120 days of publication of
these preliminary results.
Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries. The Department intends to issue
appropriate instructions for Micro Forge directly to CBP within 15 days
of publication of the final results of this review. The final results
of this review shall be the basis for assessment of antidumping duties
on entries of merchandise covered by the final results of this review,
and for future deposits of estimated duties, where applicable.
Cash Deposit Requirements
Bonding is no longer permitted to fulfill security requirements for
shipments from Micro Forge of certain stainless steel flanges from
India entered, or withdrawn from warehouse, for consumption on or after
the publication date of these final results of new shipper review.The
following deposit requirements will be effective upon completion of the
final results of this new shipper review for all shipments of flanges
from India entered, or withdrawn from warehouse, for consumption on or
after the publication date of the final results of this administrative
review, as provided by section 751(a)(1) of the Tariff Act: 1) the cash
deposit rate for the reviewed company will be the rate established in
the final results of this new shipper review; if the rate for a
particular company is zero or de minimis (i.e., less than 0.50
percent), no cash deposit will be required for that company; 2) for
manufacturers or exporters not covered in this review, but covered in
the original less-than-fair-value investigation or a previous review,
the cash deposit will continue to be the most recent rate published in
the final determination or final results for which the manufacturer or
exporter received a company-specific rate; 3) if the exporter is not a
firm covered in this review, a prior review or the original
investigation, but the manufacturer is, the cash deposit rate will be
that established for the most recent period for that manufacturer of
the merchandise; and 4) if neither the exporter nor the manufacturer is
a firm covered in this or any previous reviews, the cash deposit rate
will be 162.14 percent, the ``all others'' rate established in the LTFV
investigation. See Amended Final Determination 59 FR at 5995. These
deposit requirements, when imposed, shall remain in effect until
publication of the final results of the next administrative review.
Notification to Interested Parties
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing this notice in accordance with
sections
[[Page 41710]]
751(a)(2)(B) and 777(i)(1) of the Tariff Act and 19 CFR 351.221(b)(4)
and 19 CFR 351.214.
Dated: July 24, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7-14781 Filed 7-31-07; 8:45 am]
BILLING CODE 3510-DS-S