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