Finished Carbon Steel Flanges From India: Preliminary Affirmative Countervailing Duty Determination, 85928-85930 [2016-28704]
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85928
Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices
Department hereby orders the
continuation of the AD orders on
chlorinated isocyanurates from Spain
and the PRC. U.S. Customs and Border
Protection will continue to collect AD
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise.
The effective date of the continuation
of the AD orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), the Department intends to
initiate the next five-year review of
these orders not later than 30 days prior
to the fifth anniversary of the effective
date of this continuation notice.
These five-year sunset reviews and
this notice are in accordance with
section 751(c) and 751(d)(2) of the Act
and published pursuant to section
777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
This five-year (sunset) review and
notice are in accordance with section
751(c) and published pursuant to 777(i)
of the Act, and 19 CFR 351.218(f)(4).
Dated: November 23, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–28702 Filed 11–28–16; 8:45 am]
BILLING CODE 3510–DS–P
[C–533–872]
Finished Carbon Steel Flanges From
India: Preliminary Affirmative
Countervailing Duty Determination
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Jkt 241001
Emily Maloof or Davina Friedmann,
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5649 or (202) 482–
0698, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 28, 2016, the Department
published the notice of initiation of this
investigation.1 For a complete
description of the events that followed
the initiation of this investigation, see
the memorandum that is dated
concurrently with this determination
and hereby adopted by this notice.2 A
list of topics included in the
Preliminary Decision Memorandum is
included as Appendix II to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Scope Comments
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of finished
carbon steel flanges (steel flanges) from
India. The period of investigation (POI)
is April 1, 2015, through March 31,
17:48 Nov 28, 2016
Effective November 29, 2016.
FOR FURTHER INFORMATION CONTACT:
The product covered by this
investigation is steel flanges from India.
For a complete description of the scope
of the investigation, see Appendix I.
International Trade Administration
VerDate Sep<11>2014
DATES:
Scope of the Investigation
DEPARTMENT OF COMMERCE
AGENCY:
2016. Interested parties are invited to
comment on this preliminary
determination.
We received no comments from
interested parties regarding the scope of
the investigation as it appeared in the
Initiation Notice.
1 See Finished Carbon Steel Flanges From India:
Initiation of Countervailing Duty Investigation, 81
FR 49625 (July 28, 2016) (Initiation Notice).
2 See Memorandum to Paul Piquado, ‘‘Decision
Memorandum for the Preliminary Affirmative
Determination: Countervailing Duty Investigation of
Finished Carbon Steel Flanges from India,’’ dated
November 21, 2016 (Preliminary Decision
Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
Methodology
The Department is conducting this
countervailing duty (CVD investigation
in accordance with section 701 of the
Tariff Act of 1930 (the Act). For each of
the subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy (i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient) and that the subsidy is
specific.3 For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
Preliminary Determination and
Suspension of Liquidation
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
a CVD rate for each individuallyinvestigated producer/exporter of the
subject merchandise. We preliminarily
determine that countervailable subsidies
are being provided with respect to the
manufacture, production, or exportation
of the subject merchandise. For a full
description of the programs which have
preliminarily determined to be
countervailable, as well as those not
used during the POI, see the Preliminary
Decision Memorandum. In accordance
with sections 703(d) and 705(c)(5)(A) of
the Act, for companies not individually
examined, we apply an ‘‘all-others’’ rate,
which is normally calculated by weightaveraging the individual company
subsidy rates of each of the companies
investigated.
Under section 705(c)(5)(A)(i) of the
Act, the all-others rate should exclude
zero and de minimis rates or any rates
based entirely on facts otherwise
available pursuant to section 776 of the
Act. Neither of the mandatory
respondents’ rates in this preliminary
determination were zero or de minimis
or based entirely on facts otherwise
available. Notwithstanding the language
of section 705(c)(5)(A)(i) of the Act, we
have not calculated the ‘‘all-others’’ rate
by weight-averaging the rates of the two
individually investigated respondents,
because doing so risks disclosure of
proprietary information. Instead, we
have calculated the all-others rate using
a simple average of the final rates for the
two mandatory company respondents.4
3 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
4 See Preliminary Decision Memorandum at
‘‘CALCULATION OF THE ALL–OTHERS RATE’’
(for further explanation of the business propretiary
information concerns); see also Memorandum to the
File, ‘‘Countervailing Duty Investigation of Finished
Carbon Steel Flanges: Preliminary Determination
Margin Calculation for All-Others,’’ dated
concurrently with this memorandum.
E:\FR\FM\29NON1.SGM
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Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices
85929
We preliminarily determine the
countervailable subsidy rates to be:
Subsidy rate
(percent)
Company
Norma (India) Limited, USK Exports Private Limited, UMA Shanker Khandelwal & Co., and Bansidhar Chiranjilal ..................
R.N. Gupta & Company Limited ....................................................................................................................................................
All-Others .......................................................................................................................................................................................
In accordance with sections
703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all entries of steel flanges from India
that are entered, or withdrawn from
warehouse, for consumption on or after
the date of the publication of this notice
in the Federal Register, and to require
a cash deposit for such entries of
merchandise in the amounts indicated
above.
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted by the respondents prior to
making our final determination.
U.S. International Trade Commission
In accordance with section 703(f) of
the Act, we will notify the U.S.
International Trade Commission (ITC)
of our determination. In addition, we
are making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(2)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 45 days after the
Department makes its final
determination.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Disclosure and Public Comment
The Department intends to disclose
calculations performed for this
preliminary determination to the parties
within five days of the date of public
announcement of this determination in
accordance with 19 CFR 351.224(b).
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the final
verification report is issued in this
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be
VerDate Sep<11>2014
17:48 Nov 28, 2016
Jkt 241001
submitted no later than five days after
the deadline date for case briefs.5 A
table of contents, list of authorities used,
and an executive summary of issues
should accompany any briefs submitted
to the Department, pursuant to 19 CFR
351.309(c)(2) and (d)(2). This summary
should be limited to five pages total,
including footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, filed electronically using
ACCESS. An electronically-filed request
must be received successfully, and in its
entirety, by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the
date of publication of this notice.
Requests should contain the party’s
name, address, and telephone number;
the number of participants; and a list of
the issues to be discussed. If a request
for a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a date, time,
and specific location to be determined.
Parties will be notified of the date, time,
and location of any hearing. Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: November 23, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers
finished carbon steel flanges. Finished
carbon steel flanges differ from unfinished
carbon steel flanges (also known as carbon
steel flange forgings) in that they have
undergone further processing after forging,
including, but not limited to, beveling, bore
threading, center or step boring, face
machining, taper boring, machining ends or
surfaces, drilling bolt holes, and/or deburring
5 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
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Fmt 4703
Sfmt 4703
2.76
3.66
3.21
or shot blasting. Any one of these postforging processes suffices to render the
forging into a finished carbon steel flange for
purposes of this investigation. However,
mere heat treatment of a carbon steel flange
forging (without any other further processing
after forging) does not render the forging into
a finished carbon steel flange for purposes of
this investigation. While these finished
carbon steel flanges are generally
manufactured to specification ASME 816.5 or
ASME 816.47 series A or series 8, the scope
is not limited to flanges produced under
those specifications. All types of finished
carbon steel flanges are included in the scope
regardless of pipe size (which may or may
not be expressed in inches of nominal pipe
size), pressure class (usually, but not
necessarily, expressed in pounds of pressure,
e.g., 150, 300, 400, 600, 900, 1500, 2500, etc.),
type of face (e.g., flat face, full face, raised
face, etc.), configuration (e.g., weld neck, slip
on, socket weld, lap joint, threaded, etc.),
wall thickness (usually, but not necessarily,
expressed in inches), normalization, or
whether or not heat treated. These carbon
steel flanges either meet or exceed the
requirements of the ASTM A105, ASTM
A694, ASTM A181, ASTM A350 and ASTM
A707 standards (or comparable foreign
specifications). The scope includes any
flanges produced to the above-referenced
ASTM standards as currently stated or as
may be amended. The term ‘‘carbon steel’’
under this scope is steel in which: (a) Iron
predominates, by weight, over each of the
other contained elements: (b) The carbon
content is 2 percent or less, by weight; and
(c) none of the elements listed below exceeds
the quantity, by weight, as indicated:
(i) 0.87 percent of aluminum;
(ii) 0.0105 percent of boron;
(iii) 10.10 percent of chromium;
(iv) 1.55 percent of columbium;
(v) 3.10 percent of copper;
(vi) 0.38 percent of lead;
(vii) 3.04 percent of manganese;
(viii) 2.05 percent of molybdenum;
(ix) 20.15 percent of nickel;
(x) 1.55 percent of niobium;
(xi) 0.20 percent of nitrogen;
(xii) 0.21 percent of phosphorus;
(xiii) 3.10 percent of silicon;
(xiv) 0.21 percent of sulfur;
(xv) 1.05 percent of titanium;
(xvi) 4.06 percent of tungsten;
(xvii) 0.53 percent of vanadium; or
(xviii) 0.015 percent of zirconium.
Finished carbon steel flanges are currently
classified under subheadings 7307.91.5010
and 7307.91.5050 of the Harmonized Tariff
Schedule of the United States (HTSUS). They
may also be entered under HTSUS
subheadings 7307.91.5030 and 7307.91.5070.
The HTSUS subheadings are provided for
E:\FR\FM\29NON1.SGM
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85930
Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices
convenience and customs purposes; the
written description of the scope is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Subsidies Valuation
VIII. Loan Benchmark and Interest Rates
IX. Use of Facts Otherwise Available
X. Analysis of Programs
XI. Calculation of All-Others Rate
XII. International Trade Commission
XIII. Disclosure and Public Comment
XIV. Conclusion
[FR Doc. 2016–28704 Filed 11–28–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–844]
Certain Carbon and Alloy Steel Cut-ToLength Plate From the Federal
Republic of Germany: Amended
Preliminary Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On November 14, 2016, the
Department of Commerce (the
Department) published in the Federal
Register the Preliminary Determination
of the antidumping duty investigation of
certain carbon and alloy steel cut-tolength plate (CTL plate) from the
Federal Republic of Germany
(Germany). The Department is
amending the Preliminary
Determination of the investigation to
correct three ministerial errors.
SUMMARY:
DATES:
Effective November 29, 2016.
Ross
Belliveau or David J. Goldberger, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4952 or (202) 482–4136,
respectively.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2016, the
Department published in the Federal
Register the Preliminary Determination
VerDate Sep<11>2014
17:48 Nov 28, 2016
Jkt 241001
of CTL plate from Germany.1 On
November 14, 2016, Nucor Corporation
(Nucor), a petitioner in this
investigation, alleged that the
Department made significant ministerial
errors in the Preliminary
Determination.2
Scope of the Investigation
The product covered by this
investigation is CTL plate from
Germany. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I of this notice.
Significant Ministerial Error
A ministerial error is defined in 19
CFR 351.224(f) as ‘‘an error in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which the Secretary
considers ministerial.’’ Further, 19 CFR
351.224(e) 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.3
Ministerial Error Allegations
Nucor alleges that the Department
made three ministerial errors in its
calculation of the preliminary
determination margin for Ilsenburger
Grobblech GmbH, Salzgitter
Mannesmann Grobblech GmbH,
Salzgitter Flachstahl GmbH, and
Salzgitter Mannesmann International
GmbH (collectively, Salzgitter):
• In making the adjustment to U.S.
price for reported freight revenue and
capping that adjustment by the reported
freight expense, the Department did not
1 See
Certain Carbon and Alloy Steel Cut-toLength Plate from the Federal Republic of Germany:
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 81 FR 79446 (November 14, 2016)
(Preliminary Determination).
2 See letter from Nucor entitled, ‘‘Nucor’s
Ministerial Error Comments Regarding Salzgitter,’’
dated November 14, 2016 (Nucor Letter).
3 See 19 CFR 351.224(g)(1) and (2).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
include freight revenue reported as a
billing adjustment in the freight revenue
cap.
• The Department recalculated U.S.
credit expenses incorrectly by deducting
freight revenue from the U.S. price used
in the calculation. However, the
reported U.S. price did not include
freight revenue.
• The Department made an
adjustment to U.S. price for inventory
carrying expenses without converting
the reported amount from euros to U.S.
dollars.
We agree that the alleged errors were
made. Moreover, pursuant to 19 CFR
351.224(g)(2), these ministerial errors
are significant because the correction of
these errors results in a change from a
weighted-average dumping margin of
zero or de minimis to a weightedaverage dumping margin of greater than
de minimis. Therefore, we are correcting
the ministerial errors alleged by Nucor
and we are amending our preliminary
determination accordingly.4
Amended Preliminary Determination
We are amending the preliminary
determination of sales at less-than-fairvalue for CTL plate from Germany to
reflect the correction of ministerial
errors made in the margin calculation of
that determination for Salzgitter. In
addition, because we calculated a de
minimis weighted-average dumping
margin for Salzgitter in the Preliminary
Determination, the preliminary ‘‘AllOthers’’ Rate was based on the
estimated weighted-average dumping
margin calculated for Dillinger, the
other mandatory respondent in this
investigation. Thus, we are also
amending the ‘‘All-Others’’ rate to
account for the change in the Salzgitter
margin. Accordingly, we are amending
the calculation of the all-others rate to
base it on the weighted-average of the
margins calculated for Dillinger and
Salzgitter using publicly-ranged data.
Because we cannot apply our normal
methodology of calculating a weightedaverage margin due to requests to
protect business-proprietary
information, we find this rate to be the
best proxy of the actual weightedaverage margin determined for these
respondents.5 As a result of the
4 See Memorandum to the File entitled
‘‘Amended Preliminary Determination Margin
Calculation for Salzgitter’’ (Amended Preliminary
Determination Memorandum) for further discussion
of our calculations for this amended preliminary
determination.
5 See, e.g., Welded Line Pipe from the Republic of
Turkey: Final Determination of Sales at Less Than
Fair Value, 80 FR 61362, 61363 (October 13, 2015).
For further discussion of the amended calculation
of the all-others rate, see Amended Preliminary
Determination Memorandum.
E:\FR\FM\29NON1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85928-85930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28704]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-872]
Finished Carbon Steel Flanges From India: Preliminary Affirmative
Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of finished carbon steel flanges (steel
flanges) from India. The period of investigation (POI) is April 1,
2015, through March 31, 2016. Interested parties are invited to comment
on this preliminary determination.
DATES: Effective November 29, 2016.
FOR FURTHER INFORMATION CONTACT: Emily Maloof or Davina Friedmann, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5649 or (202) 482-0698, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 28, 2016, the Department published the notice of initiation
of this investigation.\1\ For a complete description of the events that
followed the initiation of this investigation, see the memorandum that
is dated concurrently with this determination and hereby adopted by
this notice.\2\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be found at https://enforcement.trade.gov/frn/. The
signed Preliminary Decision Memorandum and the electronic version of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Finished Carbon Steel Flanges From India: Initiation of
Countervailing Duty Investigation, 81 FR 49625 (July 28, 2016)
(Initiation Notice).
\2\ See Memorandum to Paul Piquado, ``Decision Memorandum for
the Preliminary Affirmative Determination: Countervailing Duty
Investigation of Finished Carbon Steel Flanges from India,'' dated
November 21, 2016 (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is steel flanges from
India. For a complete description of the scope of the investigation,
see Appendix I.
Scope Comments
We received no comments from interested parties regarding the scope
of the investigation as it appeared in the Initiation Notice.
Methodology
The Department is conducting this countervailing duty (CVD
investigation in accordance with section 701 of the Tariff Act of 1930
(the Act). For each of the subsidy programs found countervailable, we
preliminarily determine that there is a subsidy (i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient) and that the subsidy is specific.\3\ For a full description
of the methodology underlying our preliminary conclusions, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\3\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated a CVD rate for each individually-investigated producer/
exporter of the subject merchandise. We preliminarily determine that
countervailable subsidies are being provided with respect to the
manufacture, production, or exportation of the subject merchandise. For
a full description of the programs which have preliminarily determined
to be countervailable, as well as those not used during the POI, see
the Preliminary Decision Memorandum. In accordance with sections 703(d)
and 705(c)(5)(A) of the Act, for companies not individually examined,
we apply an ``all-others'' rate, which is normally calculated by
weight-averaging the individual company subsidy rates of each of the
companies investigated.
Under section 705(c)(5)(A)(i) of the Act, the all-others rate
should exclude zero and de minimis rates or any rates based entirely on
facts otherwise available pursuant to section 776 of the Act. Neither
of the mandatory respondents' rates in this preliminary determination
were zero or de minimis or based entirely on facts otherwise available.
Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we
have not calculated the ``all-others'' rate by weight-averaging the
rates of the two individually investigated respondents, because doing
so risks disclosure of proprietary information. Instead, we have
calculated the all-others rate using a simple average of the final
rates for the two mandatory company respondents.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Decision Memorandum at ``CALCULATION OF THE
ALL-OTHERS RATE'' (for further explanation of the business
propretiary information concerns); see also Memorandum to the File,
``Countervailing Duty Investigation of Finished Carbon Steel
Flanges: Preliminary Determination Margin Calculation for All-
Others,'' dated concurrently with this memorandum.
---------------------------------------------------------------------------
[[Page 85929]]
We preliminarily determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Norma (India) Limited, USK Exports Private Limited, 2.76
UMA Shanker Khandelwal & Co., and Bansidhar
Chiranjilal.........................................
R.N. Gupta & Company Limited......................... 3.66
All-Others........................................... 3.21
------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of steel flanges from India that are
entered, or withdrawn from warehouse, for consumption on or after the
date of the publication of this notice in the Federal Register, and to
require a cash deposit for such entries of merchandise in the amounts
indicated above.
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.
U.S. International Trade Commission
In accordance with section 703(f) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information relating to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order, without the written consent of the Assistant
Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
Disclosure and Public Comment
The Department intends to disclose calculations performed for this
preliminary determination to the parties within five days of the date
of public announcement of this determination in accordance with 19 CFR
351.224(b). Case briefs or other written comments may be submitted to
the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the final verification report is
issued in this proceeding, and rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs.\5\ A table of contents, list of
authorities used, and an executive summary of issues should accompany
any briefs submitted to the Department, pursuant to 19 CFR
351.309(c)(2) and (d)(2). This summary should be limited to five pages
total, including footnotes.
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\5\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using ACCESS. An electronically-filed request must
be received successfully, and in its entirety, by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the date of publication of this
notice. Requests should contain the party's name, address, and
telephone number; the number of participants; and a list of the issues
to be discussed. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a date,
time, and specific location to be determined. Parties will be notified
of the date, time, and location of any hearing. Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: November 23, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers finished carbon steel
flanges. Finished carbon steel flanges differ from unfinished carbon
steel flanges (also known as carbon steel flange forgings) in that
they have undergone further processing after forging, including, but
not limited to, beveling, bore threading, center or step boring,
face machining, taper boring, machining ends or surfaces, drilling
bolt holes, and/or deburring or shot blasting. Any one of these
post-forging processes suffices to render the forging into a
finished carbon steel flange for purposes of this investigation.
However, mere heat treatment of a carbon steel flange forging
(without any other further processing after forging) does not render
the forging into a finished carbon steel flange for purposes of this
investigation. While these finished carbon steel flanges are
generally manufactured to specification ASME 816.5 or ASME 816.47
series A or series 8, the scope is not limited to flanges produced
under those specifications. All types of finished carbon steel
flanges are included in the scope regardless of pipe size (which may
or may not be expressed in inches of nominal pipe size), pressure
class (usually, but not necessarily, expressed in pounds of
pressure, e.g., 150, 300, 400, 600, 900, 1500, 2500, etc.), type of
face (e.g., flat face, full face, raised face, etc.), configuration
(e.g., weld neck, slip on, socket weld, lap joint, threaded, etc.),
wall thickness (usually, but not necessarily, expressed in inches),
normalization, or whether or not heat treated. These carbon steel
flanges either meet or exceed the requirements of the ASTM A105,
ASTM A694, ASTM A181, ASTM A350 and ASTM A707 standards (or
comparable foreign specifications). The scope includes any flanges
produced to the above-referenced ASTM standards as currently stated
or as may be amended. The term ``carbon steel'' under this scope is
steel in which: (a) Iron predominates, by weight, over each of the
other contained elements: (b) The carbon content is 2 percent or
less, by weight; and (c) none of the elements listed below exceeds
the quantity, by weight, as indicated:
(i) 0.87 percent of aluminum;
(ii) 0.0105 percent of boron;
(iii) 10.10 percent of chromium;
(iv) 1.55 percent of columbium;
(v) 3.10 percent of copper;
(vi) 0.38 percent of lead;
(vii) 3.04 percent of manganese;
(viii) 2.05 percent of molybdenum;
(ix) 20.15 percent of nickel;
(x) 1.55 percent of niobium;
(xi) 0.20 percent of nitrogen;
(xii) 0.21 percent of phosphorus;
(xiii) 3.10 percent of silicon;
(xiv) 0.21 percent of sulfur;
(xv) 1.05 percent of titanium;
(xvi) 4.06 percent of tungsten;
(xvii) 0.53 percent of vanadium; or
(xviii) 0.015 percent of zirconium.
Finished carbon steel flanges are currently classified under
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff
Schedule of the United States (HTSUS). They may also be entered
under HTSUS subheadings 7307.91.5030 and 7307.91.5070. The HTSUS
subheadings are provided for
[[Page 85930]]
convenience and customs purposes; the written description of the
scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Subsidies Valuation
VIII. Loan Benchmark and Interest Rates
IX. Use of Facts Otherwise Available
X. Analysis of Programs
XI. Calculation of All-Others Rate
XII. International Trade Commission
XIII. Disclosure and Public Comment
XIV. Conclusion
[FR Doc. 2016-28704 Filed 11-28-16; 8:45 am]
BILLING CODE 3510-DS-P
