Finished Carbon Steel Flanges From Italy: Final Determination of Sales at Less Than Fair Value, 29481-29483 [2017-13629]
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Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices
protective order (APO) 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 the 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 is issued and
published pursuant to sections 705(d)
and 777(i)(1) of the Act and 19 CFR
351.210.
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 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 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:
VerDate Sep<11>2014
18:29 Jun 28, 2017
Jkt 241001
(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 Comments
V. Scope of the Investigation
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Analysis of Programs
A. Programs Determined to be
Countervailable
B. Programs Determined to be Not Used
X. Discussion of the Issues
Comment 1: Whether the Department
Should Have Rejected the Government of
India’s Supplemental Questionnaire
Response
Comment 2: Whether the Duty Drawback
(DDB) Program Provides a
Countervailable Subsidy
Comment 3: Whether R.N. Gupta & Co.,
Ltd. (RNG) and USK Group Should
Report Duty Export Pass Book (DEPB)
Licenses During the Average Useful Life
(AUL) Period Prior to the Period of
Investigation (POI)
Comment 4: Whether USK Group and RNG
Received Benefits from Certain
Government of India Majority-Owned
Banks
Comment 5: Whether the Export Promotion
of Capital Goods Scheme (EPCGS)
Provides a Countervailable Subsidy and
Whether the EPCGS Used the Correct
Denominator for the Benefit Calculation
of Respondents
Comment 6: Whether to Apply Adverse
Facts Available (AFA) to Norma’s AUL
Sales Data
Comment 7: Whether to Apply AFA to
RNG’s Unaffiliated Indian Suppliers of
Subject Merchandise
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
29481
Comment 8: Whether to Countervail Funds
Received by RNG Under the Focus
Product Scheme (FPS) During the POI
XI. Recommendation
[FR Doc. 2017–13628 Filed 6–28–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–835]
Finished Carbon Steel Flanges From
Italy: 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 Italy 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:
Moses Song or Edythe Artman, 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) 482–5041, or (202) 482–3931,
respectively.
AGENCY:
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: (1) Metalfar Prodotti
Industriali S.p.A. (Metalfar); and (2)
Officine Ambrogio Melesi & C. S.r.l.
1 See Finished Carbon Steel Flanges from Italy:
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 82 FR 9711 (February 8, 2017)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Preliminary Determination, 82 FR at 9713.
E:\FR\FM\29JNN1.SGM
29JNN1
29482
Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices
(Melesi)/ASFO S.p.A. (ASFO)
(collectively, Melesi/ASFO).
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 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 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 Italy. 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.
sradovich on DSK3GMQ082PROD with NOTICES
Verification
Because the mandatory respondents
in this investigation did not provide the
information requested, the Department
did not conduct verification.
Changes Since the Preliminary
Determination and Use of Adverse
Facts Available
The Department has made no changes
to the Preliminary Determination. As
stated in the Preliminary Determination,
we found that the application of facts
available with an adverse inference with
respect to both mandatory respondents
3 See Memorandum, ‘‘Finished Carbon Steel
Flanges from Italy: 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.
VerDate Sep<11>2014
18:29 Jun 28, 2017
Jkt 241001
in this investigation, Metalfar and
Melesi/ASFO, was warranted, in
accordance with sections 776(a)(1),
776(a)(2)(A)–(C), and 776(b) of the Act.4
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.
All-Others Rate
Furthermore, the Department will
As discussed in the Preliminary
instruct CBP to require a cash deposit
Determination, the Department based
for such entries of merchandise.
the selection of the all-others rate on the Pursuant to section 735(c)(1)(B)(ii) of
simple average of the three dumping
the Act, CBP shall require a cash deposit
margins calculated for subject
equal to the weighted-average amount
merchandise from Italy alleged in the
by which normal value exceeds U.S.
petition,5 in accordance with section
price, as follows: (1) For Metalfar and
735(c)(5)(B) of the Act, and determined
Melesi/ASFO, the cash deposit rates
a rate of 79.17 percent. We made no
will be equal to the estimated weightedchanges to the all-others rate for this
average dumping margin which the
final determination.6
Department determined in this final
determination; (2) if the exporter is not
Final Determination
a firm identified in this investigation
The final estimated weighted-average
but the producer is, then the cash
dumping margins are as follows:
deposit rate will be equal to the
estimated weighted-average dumping
Weightedmargin established for the producer of
average
the subject merchandise; (3) the cash
Producer or exporter
dumping
margins
deposit rate for all other producers and
(percent)
exporters will be 79.17 percent, as
discussed in the ‘‘All-Others Rate’’
Metalfar Prodotti Industriali
section and as listed in the chart, above.
S.p.A .................................
204.53
The instructions suspending
Officine Ambrogio Melesi &
liquidation will remain in effect until
C. S.r.l./ASFO S.p.A .........
204.53
further notice.
All Other Producers and Exporters ...............................
79.17
Disclosure
The estimated weighted-average
dumping margins assigned to the
mandatory respondents in this
investigation in the Preliminary
Determination were based on adverse
facts available and the Department
described the method it used to
determine the adverse facts available
rate in the Preliminary Determination.
As we made no changes to this margin
since the Preliminary Determination, no
additional disclosure of calculations is
necessary for this final determination.
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 Italy, as described in
4 See Preliminary Determination, 82 FR at 9712
and PDM at 4–9.
5 See Petitions for the Imposition of Antidumping
Duties on Imports of Finished Carbon Steel Flanges
from India, Italy and Spain and Countervailing
Duties on Imports from India, dated June 30, 2016
(the Petition) at Volume III; see also Letter from
Petitioners to the Department, regarding ‘‘Finished
Carbon Steel Flanges from Italy: Second
Supplemental Questionnaire Response,’’ dated July
13, 2016; see also Antidumping Duty Investigation
Initiation Checklist: Finished Carbon Steel Flanges
from Italy, dated July 20, 2016.
6 See Preliminary Determination, 82 FR at 9712.
PO 00000
Frm 00009
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 Italy no later than 45 days
after this final determination. If the ITC
determines that material injury or threat
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 duty 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
E:\FR\FM\29JNN1.SGM
29JNN1
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
VerDate Sep<11>2014
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:
PO 00000
Frm 00010
Fmt 4703
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
Agencies
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29481-29483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13629]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-835]
Finished Carbon Steel Flanges From Italy: 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 Italy 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: Moses Song or Edythe Artman, 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) 482-5041, or (202) 482-
3931, 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 Italy: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 82 FR 9711 (February 8, 2017) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Preliminary Determination, 82 FR at 9713.
---------------------------------------------------------------------------
The petitioners in this investigation are Weldbend Corporation and
Boltex Manufacturing Co., L.P. The two mandatory respondents in this
investigation are: (1) Metalfar Prodotti Industriali S.p.A. (Metalfar);
and (2) Officine Ambrogio Melesi & C. S.r.l.
[[Page 29482]]
(Melesi)/ASFO S.p.A. (ASFO) (collectively, Melesi/ASFO).
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
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 the Issues
and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Finished Carbon Steel Flanges from Italy:
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 Italy. 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
Because the mandatory respondents in this investigation did not
provide the information requested, the Department did not conduct
verification.
Changes Since the Preliminary Determination and Use of Adverse Facts
Available
The Department has made no changes to the Preliminary
Determination. As stated in the Preliminary Determination, we found
that the application of facts available with an adverse inference with
respect to both mandatory respondents in this investigation, Metalfar
and Melesi/ASFO, was warranted, in accordance with sections 776(a)(1),
776(a)(2)(A)-(C), and 776(b) of the Act.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Determination, 82 FR at 9712 and PDM at 4-9.
---------------------------------------------------------------------------
All-Others Rate
As discussed in the Preliminary Determination, the Department based
the selection of the all-others rate on the simple average of the three
dumping margins calculated for subject merchandise from Italy alleged
in the petition,\5\ in accordance with section 735(c)(5)(B) of the Act,
and determined a rate of 79.17 percent. We made no changes to the all-
others rate for this final determination.\6\
---------------------------------------------------------------------------
\5\ See Petitions for the Imposition of Antidumping Duties on
Imports of Finished Carbon Steel Flanges from India, Italy and Spain
and Countervailing Duties on Imports from India, dated June 30, 2016
(the Petition) at Volume III; see also Letter from Petitioners to
the Department, regarding ``Finished Carbon Steel Flanges from
Italy: Second Supplemental Questionnaire Response,'' dated July 13,
2016; see also Antidumping Duty Investigation Initiation Checklist:
Finished Carbon Steel Flanges from Italy, dated July 20, 2016.
\6\ See Preliminary Determination, 82 FR at 9712.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margins
(percent)
------------------------------------------------------------------------
Metalfar Prodotti Industriali S.p.A..................... 204.53
Officine Ambrogio Melesi & C. S.r.l./ASFO S.p.A......... 204.53
All Other Producers and Exporters....................... 79.17
------------------------------------------------------------------------
Disclosure
The estimated weighted-average dumping margins assigned to the
mandatory respondents in this investigation in the Preliminary
Determination were based on adverse facts available and the Department
described the method it used to determine the adverse facts available
rate in the Preliminary Determination. As we made no changes to this
margin since the Preliminary Determination, no additional disclosure of
calculations is necessary for this final determination.
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 Italy,
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. 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
Metalfar and Melesi/ASFO, the cash deposit rates will be equal to the
estimated weighted-average dumping margin which the Department
determined in this final determination; (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 estimated weighted-average
dumping margin established for the producer of the subject merchandise;
(3) the cash deposit rate for all other producers and exporters will be
79.17 percent, as discussed in the ``All-Others Rate'' section and as
listed in the chart, above.
The instructions suspending liquidation will remain in effect until
further notice.
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 Italy no later than
45 days after this final determination. If the ITC determines that
material injury or threat 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 duty 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
[[Page 29483]]
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. 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