Certain Forged Stainless Steel Flanges from India; Rescission of Administrative Review, 63692-63693 [E8-25548]

Download as PDF 63692 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices Dated: October 21, 2008. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E8–25584 Filed 10–24–08; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration A–533–809 Certain Forged Stainless Steel Flanges from India; Rescission of Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 1, 2008, the Department of Commerce (the Department) published the preliminary intent to rescind and rescission in part for the administrative review of the antidumping duty order on certain forged stainless steel flanges (stainless steel flanges) from India manufactured by Pradeep Metals Limited (Pradeep) and covering the period February 1, 2007, through January 31, 2008. See Certain Forged Stainless Steel Flanges from India; Preliminary Intent to Rescind Administrative Review and Rescission in Part, 73 FR 44969 (August 1, 2008) (Preliminary Intent). We are rescinding the review for Pradeep because we have determined that it had no bona fide U.S. sales during the period of review. EFFECTIVE DATE: October 27, 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: AGENCY: mstockstill on PROD1PC66 with NOTICES Background On August 1, 2008, the Department published the Preliminary Intent. In response to the Department’s invitation to comment on the Preliminary Intent, Pradeep submitted comments on August 27, 2008. However, these comments included new, unsolicited information after the regulatory deadline for such information. Therefore, we returned the submission to Pradeep, and requested that it remove the new information. See the Department’s letter to Pradeep dated September 8, 2008. Pradeep resubmitted its comments on September 17, 2008. However, Pradeep had not removed the VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 new, unsolicited information. Therefore, we returned Pradeep’s comments, and have not considered them in these final results of review. See the Department’s letter to Pradeep dated September 23, 2008. We also received comments from Rosemount, Inc. (Rosemount), the customer for Pradeep’s U.S. sale, on September 2, 2008. However, this submission likewise contained new, unsolicited information after the deadline for such information. Therefore, we returned the submission to Rosemount with instructions to remove the new information. See the Department’s letter to Rosemount dated September 8, 2008. We received Rosemount’s revised comments on September 15, 2008. However, this version had filing deficiencies for which we returned the submission to Rosemount. See the Department’s letter to Rosemount dated September 23, 2008. Rosemount submitted a revised version on September 26, 2008. Period of Review The period of review is February 1, 2007, to January 31, 2008. 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 weldneck, 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 subheadings are 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. Final Rescission of Review In the Preliminary Intent, we stated that we intended to rescind the review PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 with respect to Pradeep because we had determined, based on the totality of the circumstances, that Pradeep’s U.S. sale was not bona fide. See Preliminary Intent at 44970. We received comments from Rosemount which, as explained below, we have addressed in the issues and decision memorandum accompanying this notice. Rosemount’s comments did not change our preliminary ruling announced in the Preliminary Intent. Therefore, we are rescinding this review with respect to Pradeep. Analysis of Comments Received All issues raised in our Preliminary Intent are addressed in the ‘‘Issues and Decision Memorandum’’ from Richard Weible, Director, Office 7, Import Administration, to Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, dated concurrently with this notice (Decision Memorandum), which is hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded, all of which are in the Decision Memorandum, is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, room 1117 of the main Department of Commerce building. In addition, a complete version of the decision memorandum can be accessed directly on the Web at https://ia.ita.doc.gov/frn/ release/release.html. The paper copy and electronic version of the decision memorandum are identical in content. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For Pradeep, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notification to Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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 E:\FR\FM\27OCN1.SGM 27OCN1 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices this requirement could result in the Department’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 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: October 20, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. Appendix - Issues Raised in Decision Memorandum Comment: Bona Fide Sale [FR Doc. E8–25548 Filed 10–24–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–570–932) Certain Steel Threaded Rod from the People’s Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 27, 2008. SUMMARY: On October 8, 2008, the Department of Commerce (‘‘Department’’) published the preliminary determination of sales at less than fair value (‘‘LTFV’’) in the antidumping investigation of certain steel threaded rod from the People’s Republic of China (‘‘PRC’’). See Certain Steel Threaded Rod from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value, 73 FR 58931 (October 8, 2008) (‘‘Preliminary Determination’’). We are amending our Preliminary Determination to correct certain ministerial errors with respect to the antidumping duty margin calculation for RMB Fasteners Ltd. and IFI and Morgan Ltd. (collectively, ‘‘RMB & IFI Group’’). The corrections to the RMB & IFI Group margin also affect the margin assigned to the companies receiving a separate rate. FOR FURTHER INFORMATION CONTACT: Bobby Wong, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC, 20230; telephone: (202) 482–0409. mstockstill on PROD1PC66 with NOTICES AGENCY: VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 On October 8, 2008, the Department published in the Federal Register the preliminary determination that certain steel threaded rod from the PRC are being, or are likely to be, sold in the United States at LTFV, as provided in section 733 of the Tariff Act of 1930, as amended (‘‘Act’’). See Preliminary Determination. On October 8, 2008, the RMB & IFI Group filed timely allegations of ministerial errors contained in the Department’s Preliminary Determination. After reviewing the allegations, we have determined that the Preliminary Determination included significant ministerial errors. Therefore, in accordance with section 351.224(e) of the Department’s regulations, we have made changes, as described below, to the Preliminary Determination. SUPPLEMENTARY INFORMATION: Period of Investigation The period of investigation is July 1, 2007, through December 31, 2007. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, March 5, 2008. See section 351.204(b)(1) of the Department’s regulations. Scope of Investigation The merchandise covered by this investigation is steel threaded rod. Steel threaded rod is certain threaded rod, bar, or studs, of carbon quality steel, having a solid, circular cross section, of any diameter, in any straight length, that have been forged, turned, cold–drawn, cold–rolled, machine straightened, or otherwise cold–finished, and into which threaded grooves have been applied. In addition, the steel threaded rod, bar, or studs subject to this investigation are non–headed and threaded along greater than 25 percent of their total length. A variety of finishes or coatings, such as plain oil finish as a temporary rust protectant, zinc coating (i.e., galvanized, whether by electroplating or hot– dipping), paint, and other similar finishes and coatings, may be applied to the merchandise. Included in the scope of this investigation are steel threaded rod, bar, or studs, in which: (1) iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated: • 1.80 percent of manganese, or • 1.50 percent of silicon, or • 1.00 percent of copper, or • 0.50 percent of aluminum, or • 1.25 percent of chromium, or • 0.30 percent of cobalt, or PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 63693 • 0.40 percent of lead, or • 1.25 percent of nickel, or • 0.30 percent of tungsten, or • 0.012 percent of boron, or • 0.10 percent of molybdenum, or • 0.10 percent of niobium, or • 0.41 percent of titanium, or • 0.15 percent of vanadium, or • 0.15 percent of zirconium. Steel threaded rod is currently classifiable under subheading 7318.15.5060 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise is dispositive. Excluded from the scope of the investigation are: (a) threaded rod, bar, or studs which are threaded only on one or both ends and the threading covers 25 percent or less of the total length; and (b) threaded rod, bar, or studs made to American Society for Testing and Materials (‘‘ASTM’’) A193 Grade B7, ASTM A193 Grade B7M, ASTM A193 Grade B16, or ASTM A320 Grade L7. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise is dispositive. Significant Ministerial Error Ministerial errors are defined in section 735(e) of the Act as ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.’’ Section 351.224(e) of the Department’s regulations provides that the Department ‘‘will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination.’’ A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in (1) a change of at least five absolute percentage points in, but not less than 25 percent of, the weighted–average dumping margin calculated in the original (erroneous) preliminary determination, or (2) a difference between a weighted–average dumping margin of zero or de minimis and a weighted–average dumping margin of greater than de minimis or vice versa. See section 351.224(g) of the Department’s regulations. E:\FR\FM\27OCN1.SGM 27OCN1

Agencies

[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63692-63693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25548]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-533-809


Certain Forged Stainless Steel Flanges from India; Rescission of 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 1, 2008, the Department of Commerce (the Department) 
published the preliminary intent to rescind and rescission in part for 
the administrative review of the antidumping duty order on certain 
forged stainless steel flanges (stainless steel flanges) from India 
manufactured by Pradeep Metals Limited (Pradeep) and covering the 
period February 1, 2007, through January 31, 2008. See Certain Forged 
Stainless Steel Flanges from India; Preliminary Intent to Rescind 
Administrative Review and Rescission in Part, 73 FR 44969 (August 1, 
2008) (Preliminary Intent). We are rescinding the review for Pradeep 
because we have determined that it had no bona fide U.S. sales during 
the period of review.

EFFECTIVE DATE: October 27, 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 August 1, 2008, the Department published the Preliminary Intent. 
In response to the Department's invitation to comment on the 
Preliminary Intent, Pradeep submitted comments on August 27, 2008. 
However, these comments included new, unsolicited information after the 
regulatory deadline for such information. Therefore, we returned the 
submission to Pradeep, and requested that it remove the new 
information. See the Department's letter to Pradeep dated September 8, 
2008. Pradeep resubmitted its comments on September 17, 2008. However, 
Pradeep had not removed the new, unsolicited information. Therefore, we 
returned Pradeep's comments, and have not considered them in these 
final results of review. See the Department's letter to Pradeep dated 
September 23, 2008.
    We also received comments from Rosemount, Inc. (Rosemount), the 
customer for Pradeep's U.S. sale, on September 2, 2008. However, this 
submission likewise contained new, unsolicited information after the 
deadline for such information. Therefore, we returned the submission to 
Rosemount with instructions to remove the new information. See the 
Department's letter to Rosemount dated September 8, 2008. We received 
Rosemount's revised comments on September 15, 2008. However, this 
version had filing deficiencies for which we returned the submission to 
Rosemount. See the Department's letter to Rosemount dated September 23, 
2008. Rosemount submitted a revised version on September 26, 2008.

Period of Review

    The period of review is February 1, 2007, to January 31, 2008.

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 
weldneck, 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 
subheadings are 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.

Final Rescission of Review

    In the Preliminary Intent, we stated that we intended to rescind 
the review with respect to Pradeep because we had determined, based on 
the totality of the circumstances, that Pradeep's U.S. sale was not 
bona fide. See Preliminary Intent at 44970. We received comments from 
Rosemount which, as explained below, we have addressed in the issues 
and decision memorandum accompanying this notice. Rosemount's comments 
did not change our preliminary ruling announced in the Preliminary 
Intent. Therefore, we are rescinding this review with respect to 
Pradeep.

Analysis of Comments Received

    All issues raised in our Preliminary Intent are addressed in the 
``Issues and Decision Memorandum'' from Richard Weible, Director, 
Office 7, Import Administration, to Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, dated concurrently with this 
notice (Decision Memorandum), which is hereby adopted by this notice. A 
list of the issues which parties have raised and to which we have 
responded, all of which are in the Decision Memorandum, is attached to 
this notice as an appendix. Parties can find a complete discussion of 
all issues raised in this review and the corresponding recommendations 
in this public memorandum which is on file in the Central Records Unit, 
room 1117 of the main Department of Commerce building. In addition, a 
complete version of the decision memorandum can be accessed directly on 
the Web at https://ia.ita.doc.gov/frn/release/release.html. The paper 
copy and electronic version of the decision memorandum are identical in 
content.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. For 
Pradeep, antidumping duties shall be assessed at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of this notice.

Notification to Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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

[[Page 63693]]

this requirement could result in the Department'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 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: October 20, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.

Appendix - Issues Raised in Decision Memorandum

Comment: Bona Fide Sale
[FR Doc. E8-25548 Filed 10-24-08; 8:45 am]
BILLING CODE 3510-DS-S

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