Finished Carbon Steel Flanges From India: Final Determination of Sales at Less Than Fair Value, 29483-29485 [2017-13627]
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Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination and notice are
issued and published in accordance
with sections 735(d) and 777(i) of the
Act and 19 CFR 351.210(c).
Dated: June 23, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
sradovich on DSK3GMQ082PROD with NOTICES
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 B16.5 or ASME B16.47 series A or
series B, 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
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18:29 Jun 28, 2017
Jkt 241001
(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
convenience and customs purposes; the
written description of the scope is
dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Discussion of the Issues:
Comment 1: Collapsing of Melesi and
ASFO
Comment 2: Application of Total AFA to
Melesi/ASFO
Comment 3: Use of the Highest Petition
Rate as the Total AFA Rate for Melesi/
ASFO
Comment 4: Verification of Melesi/ASFO
VI. Recommendation
[FR Doc. 2017–13629 Filed 6–28–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–871]
Finished Carbon Steel Flanges From
India: Final Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) determines that imports of
finished carbon steel flanges (flanges)
from India are being, or are likely to be,
sold in the United States at less than fair
value (LTFV). The final estimated
weighted-average dumping margins of
sales at LTFV are listed below in the
section entitled ‘‘Final Determination.’’
AGENCY:
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Sfmt 4703
29483
The period of investigation is April 1,
2015, through March 31, 2016.
DATES: Effective June 29, 2017.
FOR FURTHER INFORMATION CONTACT: Fred
Baker or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–2924, or (202) 482–6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2017, the Department
published the Preliminary
Determination in the Federal Register.1
In the Preliminary Determination, we
postponed the final determination until
no later than 135 days after the date of
publication of the Preliminary
Determination, in accordance with
section 735(a)(2) of the Tariff Act of
1930, as amended (the Act).2
The petitioners in this investigation
are Weldbend Corporation and Boltex
Manufacturing Co., L.P. The two
mandatory respondents in this
investigation are: R. N. Gupta & Co., Ltd.
(Gupta); and Norma (India) Limited
(Norma).
A summary of the events that
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the accompanying Issues and
Decision Memorandum.3 The Issues and
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 is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov.
The signed and electronic versions of
1 See Finished Carbon Steel Flanges from India:
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 82 FR 9719 (February 8, 2017)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Preliminary Determination, 82 FR at 9721.
3 See Memorandum, ‘‘Finished Carbon Steel
Flanges from India: Issues and Decision
Memorandum for the Final Determination of Sales
at Less Than Fair Value,’’ dated concurrently with
this determination and hereby adopted by this
notice.
E:\FR\FM\29JNN1.SGM
29JNN1
29484
Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices
the Issues and Decision Memorandum
are identical in content.
Scope of the Investigation
The products covered by this
investigation are finished carbon steel
flanges from India. The Department did
not receive any scope comments, and
has not updated the scope of the
investigation since the Preliminary
Determination. For a complete
description of the scope of the
investigation, see Appendix I of this
notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
interested parties in this investigation
are addressed in the Issues and Decision
Memorandum. A list of these issues is
attached to this notice at Appendix II.
Verification
As provided in section 782(i) of the
Act, in February 2017, we conducted
sales and cost verifications of the
questionnaire responses submitted by
Gupta and Norma. We used standard
verification procedures, including an
examination of relevant accounting and
production records, as well as original
source documents provided by both
respondents.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the dumping margin calculations for
each respondent, Gupta and Norma. For
a discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
Sections 735(c)(1)(B)(i)(II) and
735(c)(5) of the Act provide that in the
final determination the Department
shall determine an estimated all-others
rate for all exporters and producers not
individually investigated. Section
735(c)(5)(A) of the Act states that,
generally, the estimated rate for all
others shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act. In this
investigation, we calculated weightedaverage dumping margins for both
mandatory respondents that are above
de minimis and which are not based on
section 776 of the Act. However,
because there are only two weightedaverage dumping margins for this final
determination, using a weighted-average
of these two rates risks disclosure of
business proprietary data. Therefore, the
Department assigned a margin to the allothers rate companies based on the
simple average of the two mandatory
respondents’ rates.4
Final Determination
The Department determines, as
provided in section 735 of the Act, the
following weighted-average dumping
margins for the period April 1, 2015
through March 31, 2016:
Weightedaverage
margins
(percent)
Exporter/producer
Norma (India) Limited/USK Exports Private Limited/Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal .......
R. N. Gupta & Co., Ltd ............................................................................................................................................
All-Others .................................................................................................................................................................
11.32
12.58
11.95
8.56
9.27
8.91
for the producer of the subject
merchandise; (3) the cash deposit rate
for all other producers or exporters will
be 8.91 percent, as discussed in the
‘‘All-Others Rate’’ section and as listed
in the chart, above.
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
flanges from India, as described in
Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after February 8,
2017, the date of publication of the
Preliminary Determination.
Furthermore, the Department will
instruct CBP to require a cash deposit
for such entries of merchandise. The
Department normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where the
Department made an affirmative
determination for countervailable export
subsidies, the Department has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate.5
Any such adjusted cash deposit rate
may be found in the ‘‘Final
Determination’’ section, above. Pursuant
to section 735(c)(1)(B)(ii) of the Act,
CBP shall require a cash deposit equal
to the weighted-average amount by
which normal value exceeds U.S. price,
as follows: (1) For Gupta and Norma, the
cash deposit rates will be the cash
deposit rates adjusted for export
subsidies listed above; (2) if the exporter
is not a firm identified in this
investigation but the producer is, then
the cash deposit rate will be equal to the
adjusted cash deposit rate established
4 We calculated a simple average because the
record does not contain usable publicly ranged data
for both respondents.
5 See Memorandum, ‘‘Analysis for the Final
Determination of the Antidumping Duty
Investigation of Finished Carbon Steel Flanges
(Flanges) from Turkey: R. N. Gupta & Co., Ltd.
(Gupta)’’ dated June 23, 2017; see also
Memorandum, ‘‘Analysis for the Final
Determination of the Antidumping Duty
Investigation of Finished Carbon Steel Flanges
(Flanges) from Turkey: Norma (India) Limited
(Norma),’’ dated June 23, 2017.
Disclosure
We intend to disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of announcement, in accordance with
19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
sradovich on DSK3GMQ082PROD with NOTICES
Cash deposit
adjusted for
subsidy offset
(percent)
VerDate Sep<11>2014
18:29 Jun 28, 2017
Jkt 241001
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
our final determination. Because the
final determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports, or
sales (or the likelihood of sales) for
importation of finished carbon steel
flanges from India no later than 45 days
after our final determination. If the ITC
determines that material injury or threat
E:\FR\FM\29JNN1.SGM
29JNN1
Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices
of material injury does not exist, the
proceeding will be terminated and all
cash deposits will be refunded. If the
ITC determines that such injury does
exist, the Department will issue an
antidumping order directing CBP to
assess, upon further instruction by the
Department, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination and notice are
issued and published in accordance
with sections 735(d) and 777(i) of the
Act and 19 CFR 351.210(c).
Dated: June 23, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
sradovich on DSK3GMQ082PROD with NOTICES
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 B16.5 or ASME B16.47 series A or
series B, 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
VerDate Sep<11>2014
18:29 Jun 28, 2017
Jkt 241001
(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
convenience and customs purposes; the
written description of the scope is
dispositive.
29485
Comment 8: Adjustment of Gupta’s General
and Administrative Expenses for
Unreported Costs
Comment 9: Gupta’s Reported Financial
Expenses
Comment 10: Differential Pricing Test
VI. Recommendation
[FR Doc. 2017–13627 Filed 6–28–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF504
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
List of Topics Discussed in the Issues and
Decision Memorandum
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Research Steering Committee to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). Recommendations from this
group will be brought to the full Council
for formal consideration and action, if
appropriate.
DATES: This meeting will be held on
Wednesday, July 19, 2017 at 9:30 a.m.
ADDRESSES:
Meeting address: The meeting will be
held at the Holiday Inn, 700 Myles
Standish Boulevard, Taunton, MA
02780: (508) 823–0430.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
I. Summary
II. List of Issues
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues:
Comment 1: Excess Cash Deposits
Comment 2: Adverse Facts Available for
Norma’s Cost Data
Comment 3: Offset to Costs for
Miscellaneous Income
Comment 4: Currency Conversion
Comment 5: Gupta’s Reported Scrap Offset
Claim
Comment 6: Adjustment of Gupta’s
Reported Costs Due to an Alleged
Understatement of Costs
Comment 7: Adjustment of Gupta’s General
and Administrative Expenses for Costs
Incurred by an Affiliate
Agenda
The Research Steering Committee will
discuss how recently set priorities may
be accomplished and potential
improvements to the priority setting
process. The Committee will receive an
update on recent Northeast Cooperative
Research Program (NCRP) activities,
discuss the recent programmatic review
and develop recommendations for how
the program may help address Council
research priorities and other
improvements. They will also receive a
presentation on creating a vision for the
future of stock assessment using
technologies currently in development
as well as review completed research
Appendix II
PO 00000
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SUMMARY:
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Agencies
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29483-29485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13627]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-871]
Finished Carbon Steel Flanges From India: Final Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) determines that
imports of finished carbon steel flanges (flanges) from India are
being, or are likely to be, sold in the United States at less than fair
value (LTFV). The final estimated weighted-average dumping margins of
sales at LTFV are listed below in the section entitled ``Final
Determination.'' The period of investigation is April 1, 2015, through
March 31, 2016.
DATES: Effective June 29, 2017.
FOR FURTHER INFORMATION CONTACT: Fred Baker or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-2924, or (202) 482-
6312, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2017, the Department published the Preliminary
Determination in the Federal Register.\1\ In the Preliminary
Determination, we postponed the final determination until no later than
135 days after the date of publication of the Preliminary
Determination, in accordance with section 735(a)(2) of the Tariff Act
of 1930, as amended (the Act).\2\
---------------------------------------------------------------------------
\1\ See Finished Carbon Steel Flanges from India: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 82 FR 9719 (February 8, 2017) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Preliminary Determination, 82 FR at 9721.
---------------------------------------------------------------------------
The petitioners in this investigation are Weldbend Corporation and
Boltex Manufacturing Co., L.P. The two mandatory respondents in this
investigation are: R. N. Gupta & Co., Ltd. (Gupta); and Norma (India)
Limited (Norma).
A summary of the events that occurred since the Department
published the Preliminary Determination, as well as a full discussion
of the issues raised by parties for this final determination, may be
found in the accompanying Issues and Decision Memorandum.\3\ The Issues
and 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
is available to all parties in the Central Records Unit, room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov. The signed and electronic versions of
[[Page 29484]]
the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Finished Carbon Steel Flanges from India:
Issues and Decision Memorandum for the Final Determination of Sales
at Less Than Fair Value,'' dated concurrently with this
determination and hereby adopted by this notice.
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are finished carbon
steel flanges from India. The Department did not receive any scope
comments, and has not updated the scope of the investigation since the
Preliminary Determination. For a complete description of the scope of
the investigation, see Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by interested parties in this investigation are addressed in
the Issues and Decision Memorandum. A list of these issues is attached
to this notice at Appendix II.
Verification
As provided in section 782(i) of the Act, in February 2017, we
conducted sales and cost verifications of the questionnaire responses
submitted by Gupta and Norma. We used standard verification procedures,
including an examination of relevant accounting and production records,
as well as original source documents provided by both respondents.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the dumping margin
calculations for each respondent, Gupta and Norma. For a discussion of
these changes, see the Issues and Decision Memorandum.
All-Others Rate
Sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act provide that
in the final determination the Department shall determine an estimated
all-others rate for all exporters and producers not individually
investigated. Section 735(c)(5)(A) of the Act states that, generally,
the estimated rate for all others shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act. In this investigation, we
calculated weighted-average dumping margins for both mandatory
respondents that are above de minimis and which are not based on
section 776 of the Act. However, because there are only two weighted-
average dumping margins for this final determination, using a weighted-
average of these two rates risks disclosure of business proprietary
data. Therefore, the Department assigned a margin to the all-others
rate companies based on the simple average of the two mandatory
respondents' rates.\4\
---------------------------------------------------------------------------
\4\ We calculated a simple average because the record does not
contain usable publicly ranged data for both respondents.
---------------------------------------------------------------------------
Final Determination
The Department determines, as provided in section 735 of the Act,
the following weighted-average dumping margins for the period April 1,
2015 through March 31, 2016:
------------------------------------------------------------------------
Weighted- Cash deposit
average adjusted for
Exporter/producer margins subsidy offset
(percent) (percent)
------------------------------------------------------------------------
Norma (India) Limited/USK Exports 11.32 8.56
Private Limited/Uma Shanker Khandelwal
& Co./Bansidhar Chiranjilal............
R. N. Gupta & Co., Ltd.................. 12.58 9.27
All-Others.............................. 11.95 8.91
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to interested
parties in this proceeding within five days of the date of
announcement, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of flanges from India,
as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after February 8, 2017,
the date of publication of the Preliminary Determination. Furthermore,
the Department will instruct CBP to require a cash deposit for such
entries of merchandise. The Department normally adjusts cash deposits
for estimated antidumping duties by the amount of export subsidies
countervailed in a companion countervailing duty (CVD) proceeding, when
CVD provisional measures are in effect. Accordingly, where the
Department made an affirmative determination for countervailable export
subsidies, the Department has offset the estimated weighted-average
dumping margin by the appropriate CVD rate.\5\ Any such adjusted cash
deposit rate may be found in the ``Final Determination'' section,
above. Pursuant to section 735(c)(1)(B)(ii) of the Act, CBP shall
require a cash deposit equal to the weighted-average amount by which
normal value exceeds U.S. price, as follows: (1) For Gupta and Norma,
the cash deposit rates will be the cash deposit rates adjusted for
export subsidies listed above; (2) if the exporter is not a firm
identified in this investigation but the producer is, then the cash
deposit rate will be equal to the adjusted cash deposit rate
established for the producer of the subject merchandise; (3) the cash
deposit rate for all other producers or exporters will be 8.91 percent,
as discussed in the ``All-Others Rate'' section and as listed in the
chart, above.
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\5\ See Memorandum, ``Analysis for the Final Determination of
the Antidumping Duty Investigation of Finished Carbon Steel Flanges
(Flanges) from Turkey: R. N. Gupta & Co., Ltd. (Gupta)'' dated June
23, 2017; see also Memorandum, ``Analysis for the Final
Determination of the Antidumping Duty Investigation of Finished
Carbon Steel Flanges (Flanges) from Turkey: Norma (India) Limited
(Norma),'' dated June 23, 2017.
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U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our final determination.
Because the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports, or sales (or the likelihood of sales) for
importation of finished carbon steel flanges from India no later than
45 days after our final determination. If the ITC determines that
material injury or threat
[[Page 29485]]
of material injury does not exist, the proceeding will be terminated
and all cash deposits will be refunded. If the ITC determines that such
injury does exist, the Department will issue an antidumping order
directing CBP to assess, upon further instruction by the Department,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: June 23, 2017.
Ronald K. Lorentzen,
Acting 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 de-burring 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 B16.5 or ASME B16.47 series A or
series B, 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 convenience and customs purposes; the
written description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues:
Comment 1: Excess Cash Deposits
Comment 2: Adverse Facts Available for Norma's Cost Data
Comment 3: Offset to Costs for Miscellaneous Income
Comment 4: Currency Conversion
Comment 5: Gupta's Reported Scrap Offset Claim
Comment 6: Adjustment of Gupta's Reported Costs Due to an
Alleged Understatement of Costs
Comment 7: Adjustment of Gupta's General and Administrative
Expenses for Costs Incurred by an Affiliate
Comment 8: Adjustment of Gupta's General and Administrative
Expenses for Unreported Costs
Comment 9: Gupta's Reported Financial Expenses
Comment 10: Differential Pricing Test
VI. Recommendation
[FR Doc. 2017-13627 Filed 6-28-17; 8:45 am]
BILLING CODE 3510-DS-P