Finished Carbon Steel Flanges From India: Preliminary Affirmative Countervailing Duty Determination, 85928-85930 [2016-28704]

Download as PDF 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 http://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 Frm 00009 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 29NON1 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 Frm 00010 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 29NON1 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 29NON1

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]


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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 http://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.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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