Certain Forged Stainless Steel Flanges from India; Preliminary Intent to Rescind New Shipper Review, 32291-32292 [E8-12751]

Download as PDF Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices Hotmetal submitted its section A response on November 2, 2007, and its section B and C responses on November 16, 2007. DEPARTMENT OF COMMERCE International Trade Administration A–533–809 Certain Forged Stainless Steel Flanges from India; Preliminary Intent to Rescind New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting a new shipper review of the antidumping duty order on certain forged stainless steel flanges (stainless steel flanges) from India manufactured by Hotmetal Forge (India) Pvt., Ltd. (Hotmetal). The period of review (POR) is February 1, 2007, through July 31, 2007. We preliminarily determine that Hotmetal had no bona fide U.S. sales during the period of review (POR), and therefore intend to rescind the review. We invite interested parties to comment on this preliminary intent to rescind. 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: June 6, 2008. FOR FURTHER INFORMATION CONTACT: Fred Baker 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) 482–2924 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: PWALKER on PROD1PC71 with NOTICES AGENCY: 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. Intent to Rescind As indicated above, we have preliminarily determined that Hotmetal’s sales to the United States Background during the POR were not bona fide On February 9, 1994, the Department sales. We based our determination on published the antidumping duty order the following factors: (1) the U.S. price on stainless steel flanges from India. See and expenses associated with the sale Amended Final Determination and were unusually high; (2) the sale Antidumping Duty Order; Certain involved a method of shipping not Forged Stainless Steel Flanges from standard for the industry; (3) the India, 59 FR 5994 (February 9, 1994) shipment did not enter U.S. customs (Amended Final Determination). On territory as a dumping entry; and (4) August 31, 2007, we received a request there were unusual circumstances for a new shipper review from Hotmetal surrounding the resale of the subject for the period February 1, 2007 through merchandise by Hotmetal’s U.S. July 31, 2007. On October 4, 2007, we customer. For further information, see initiated the new shipper review. See the Memorandum to the File, ‘‘Bona Forged Stainless Steel Flanges from Fide Nature of the Sale in the New India: Notice of Initiation of Shipper Review of Hotmetal Forge Antidumping Duty New Shipper Review, (India) Pvt., Ltd.,’’ dated May 29, 2008, 72 FR 56723 (October 4, 2007).1 for a complete explanation of our On October 4, 2007, the Department analysis. Based on these factors, we issued its questionnaire to Hotmetal. preliminarily intend to rescind this new shipper review. 1 Based on the spelling Hotmetal’s request for new shipper review, we spelled the respondent’s name ‘‘Hot Metal Forge (India) Pvt. Ltd.’’ in the initiation notice. However, subsequent submissions indicate ‘‘Hotmetal’’ is properly one word. VerDate Aug<31>2005 16:09 Jun 05, 2008 Jkt 214001 Public Comment Interested parties are invited to comment on this preliminary intent to PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 32291 rescind. Pursuant to 19 CFR 351.309( c)(1)(ii), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Pursuant to 19 CFR 351.309(d), rebuttal briefs, limited to issues raised in the case briefs and comments, 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. 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. Assessment Rates At the completion of this new shipper review, if a final rescission notice is published, a cash deposit rate of 162.14 percent ad valorem shall continue to be collected for any entries produced by Hotmetal. Should the Department reach a final result other than a rescission, we will calculate an appropriate antidumping duty rate for both assessment and cash deposit purposes. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final rescission or final results of review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Notice of Policy Concerning Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). This clarification will apply to entries of subject merchandise during the POR produced by Hotmetal for which Hotmetal did not know that the merchandise it sold to an intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the 162.14 percent all–others rate established in the original less than fair value (LTFV) investigation if there is no rate for the intermediary involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. 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 E:\FR\FM\06JNN1.SGM 06JNN1 32292 Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act and 19 CFR 351.221(b)(4). Dated: May 29, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–12751 Filed 6–5–08; 8:45 am] BILLING CODE 3510–DR–S DEPARTMENT OF COMMERCE International Trade Administration A–570–890 Wooden Bedroom Furniture from the People’s Republic of China: Preliminary Results of January 1, 2007 July 31, 2007 Semi–Annual New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 31, 2007, the Department of Commerce (‘‘the Department’’) initiated semi–annual new shipper reviews (‘‘NSRs’’) of the antidumping duty order on wooden bedroom furniture from the People’s Republic of China (‘‘PRC’’) covering sales of subject merchandise made by Dongguan Mu Si Furniture Co., Ltd. (‘‘Mu Si’’) and Dongguan Bon Ten Furniture Co., Ltd. (‘‘Bon Ten’’). See Wooden Bedroom Furniture From the People’s Republic of China: Initiation of New Shipper Reviews, 72 FR 52083 (September 12, 2007) (‘‘Initiation of NSRs’’). The Department preliminarily determines that Mu Si has made sales at less than normal value (‘‘NV’’), and Bon Ten has not made sales in the United States at less than NV. If these preliminary results are adopted in our final results of review, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on entries of subject merchandise during the period of review (‘‘POR’’) for which the importer– specific assessment rates are above de minimis. AGENCY: PWALKER on PROD1PC71 with NOTICES EFFECTIVE DATE: June 6, 2008. Paul Stolz or Hua Lu, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) FOR FURTHER INFORMATION CONTACT: VerDate Aug<31>2005 16:09 Jun 05, 2008 Jkt 214001 482–4474 and (202) 482–6478, respectively. SUPPLEMENTARY INFORMATION: Background The Department published an antidumping duty order on wooden bedroom furniture from the PRC on January 4, 2005. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture from the People’s Republic of China, 70 FR 329 (January 4, 2005) (‘‘the Order’’). On July 27, 2007, Mu Si and Bon Ten requested that the Department conduct NSRs of sales of their subject merchandise during the period of review POR January 1, 2007 through June 30, 2007. On July 31, 2007, Dongguan Sunshine Furniture Co., Ltd. (‘‘Sunshine’’) requested that the Department conduct an NSR covering its sales of subject merchandise. On August 31, 2007, the Department initiated semi–annual NSRs of Mu Si and Bon Ten. See Initiation of NSRs. The Department did not initiate a review of Sunshine’s sales because CBP import data did not demonstrate that Sunshine sold subject merchandise to the United States during the POR. On October 5, 2007, the Department issued antidumping duty questionnaires to Mu Si and Bon Ten. Mu Si and Bon Ten submitted their section A questionnaire responses on November 5, 2007, and submitted their sections C and D questionnaire responses on November 20, 2007. The Department subsequently issued supplemental questionnaires to Bon Ten and to Mu Si on March 21, 2008 and April 2, 2008, respectively, to which they responded on April 14, 2008 and April 25, 2008, respectively. On February 28, 2008, the Department extended the deadline for the issuance of the preliminary results of these NSRs until May 27, 2008. See Wooden Bedroom Furniture from the People’s Republic of China: Extension of Time Limit for the Preliminary Results of New Shipper Reviews, 73 FR 11395 (March 3, 2008). Period of Review The POR is January 1, 2007, through July 31, 2007.1 1 In the Initiation of NSRs the Department stated, ‘‘As discussed above, under 19 CFR 351.214 (f)(2)(ii), when the sale of the subject merchandise occurs within the POR, but the entry occurs after the normal POR, the POR may be extended. Therefore, the POR for the new shipper reviews of Bon Ten and Mu Si is January 1 through July 31, 2007.’’ PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Scope of the Order The product covered by the Order is wooden bedroom furniture. Wooden bedroom furniture is generally, but not exclusively, designed, manufactured, and offered for sale in coordinated groups, or bedrooms, in which all of the individual pieces are of approximately the same style and approximately the same material and/or finish. The subject merchandise is made substantially of wood products, including both solid wood and also engineered wood products made from wood particles, fibers, or other wooden materials such as plywood, oriented strand board, particle board, and fiberboard, with or without wood veneers, wood overlays, or laminates, with or without non–wood components or trim such as metal, marble, leather, glass, plastic, or other resins, and whether or not assembled, completed, or finished. The subject merchandise includes the following items: (1) wooden beds such as loft beds, bunk beds, and other beds; (2) wooden headboards for beds (whether stand–alone or attached to side rails), wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds; (3) night tables, night stands, dressers, commodes, bureaus, mule chests, gentlemen’s chests, bachelor’s chests, lingerie chests, wardrobes, vanities, chessers, chifforobes, and wardrobe–type cabinets; (4) dressers with framed glass mirrors that are attached to, incorporated in, sit on, or hang over the dresser; (5) chests–on-chests,2 highboys,3 lowboys,4 chests of drawers,5 chests,6 door chests,7 chiffoniers,8 2 A chest-on-chest is typically a tall chest-ofdrawers in two or more sections (or appearing to be in two or more sections), with one or two sections mounted (or appearing to be mounted) on a slightly larger chest; also known as a tallboy. 3 A highboy is typically a tall chest of drawers usually composed of a base and a top section with drawers, and supported on four legs or a small chest (often 15 inches or more in height). 4 A lowboy is typically a short chest of drawers, not more than four feet high, normally set on short legs. 5 A chest of drawers is typically a case containing drawers for storing clothing. 6 A chest is typically a case piece taller than it is wide featuring a series of drawers and with or without one or more doors for storing clothing. The piece can either include drawers or be designed as a large box incorporating a lid. 7 A door chest is typically a chest with hinged doors to store clothing, whether or not containing drawers. The piece may also include shelves for televisions and other entertainment electronics. 8 A chiffonier is typically a tall and narrow chest of drawers normally used for storing undergarments and lingerie, often with mirror(s) attached. E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Notices]
[Pages 32291-32292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12751]



[[Page 32291]]

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DEPARTMENT OF COMMERCE

International Trade Administration

A-533-809


Certain Forged Stainless Steel Flanges from India; Preliminary 
Intent to Rescind New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting a 
new shipper review of the antidumping duty order on certain forged 
stainless steel flanges (stainless steel flanges) from India 
manufactured by Hotmetal Forge (India) Pvt., Ltd. (Hotmetal). The 
period of review (POR) is February 1, 2007, through July 31, 2007. We 
preliminarily determine that Hotmetal had no bona fide U.S. sales 
during the period of review (POR), and therefore intend to rescind the 
review.
    We invite interested parties to comment on this preliminary intent 
to rescind. 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: June 6, 2008.

FOR FURTHER INFORMATION CONTACT: Fred Baker 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-
2924 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, 2007, we received a request for a new 
shipper review from Hotmetal for the period February 1, 2007 through 
July 31, 2007. On October 4, 2007, we initiated the new shipper review. 
See Forged Stainless Steel Flanges from India: Notice of Initiation of 
Antidumping Duty New Shipper Review, 72 FR 56723 (October 4, 2007).\1\
---------------------------------------------------------------------------

    \1\ Based on the spelling Hotmetal's request for new shipper 
review, we spelled the respondent's name ``Hot Metal Forge (India) 
Pvt. Ltd.'' in the initiation notice. However, subsequent 
submissions indicate ``Hotmetal'' is properly one word.
---------------------------------------------------------------------------

    On October 4, 2007, the Department issued its questionnaire to 
Hotmetal. Hotmetal submitted its section A response on November 2, 
2007, and its section B and C responses on November 16, 2007.

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.

Intent to Rescind

    As indicated above, we have preliminarily determined that 
Hotmetal's sales to the United States during the POR were not bona fide 
sales. We based our determination on the following factors: (1) the 
U.S. price and expenses associated with the sale were unusually high; 
(2) the sale involved a method of shipping not standard for the 
industry; (3) the shipment did not enter U.S. customs territory as a 
dumping entry; and (4) there were unusual circumstances surrounding the 
resale of the subject merchandise by Hotmetal's U.S. customer. For 
further information, see the Memorandum to the File, ``Bona Fide Nature 
of the Sale in the New Shipper Review of Hotmetal Forge (India) Pvt., 
Ltd.,'' dated May 29, 2008, for a complete explanation of our analysis. 
Based on these factors, we preliminarily intend to rescind this new 
shipper review.

Public Comment

    Interested parties are invited to comment on this preliminary 
intent to rescind. Pursuant to 19 CFR 351.309( c)(1)(ii), interested 
parties may submit case briefs no later than 30 days after the date of 
publication of this notice. Pursuant to 19 CFR 351.309(d), rebuttal 
briefs, limited to issues raised in the case briefs and comments, 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. 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.

Assessment Rates

    At the completion of this new shipper review, if a final rescission 
notice is published, a cash deposit rate of 162.14 percent ad valorem 
shall continue to be collected for any entries produced by Hotmetal. 
Should the Department reach a final result other than a rescission, we 
will calculate an appropriate antidumping duty rate for both assessment 
and cash deposit purposes. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
rescission or final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Notice of Policy Concerning Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). This 
clarification will apply to entries of subject merchandise during the 
POR produced by Hotmetal for which Hotmetal did not know that the 
merchandise it sold to an intermediary (e.g., a reseller, trading 
company, or exporter) was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
162.14 percent all-others rate established in the original less than 
fair value (LTFV) investigation if there is no rate for the 
intermediary involved in the transaction. See Assessment Policy Notice 
for a full discussion of this clarification.

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

[[Page 32292]]

reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act and 19 CFR 
351.221(b)(4).

    Dated: May 29, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-12751 Filed 6-5-08; 8:45 am]
BILLING CODE 3510-DR-S