Countervailing Duty Investigation of Stainless Steel Flanges From the People's Republic of China: Preliminary Affirmative Determination, 3124-3126 [2018-01145]
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3124
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Appendix II
Dated: January 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
sradovich on DSK3GMQ082PROD with NOTICES
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. List of Issues
III. Background
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
X. Analysis of Comments
Comment 1: Whether to Countervail the
AAP and DDB
Comment 2: Whether to Apply AFA to
Reliance and Bombay Dyeing’s
Discovered Benefits under the TUFS
Comment 3: Treatment of the EPCG
Comment 4: Whether to Apply AFA to
Bombay Dyeing’s Unreported Benefits
from the SHIS
Comment 5: Whether Commerce should
countervail the FPS/IEIS
Comment 6: Whether Commerce should
countervail the SGOM PSI
Comment 7: Whether to Apply AFA to the
POI Value of Bombay Dyeing’s
Company-Wide Sales and CompanyWide Export Sales
Comment 8: Whether to Apply AFA to
Reliance’s Unreported Benefits from the
AAP
Comment 9: Whether to Apply AFA to
Reliance’s Unreported Benefits from the
MEIS and the MLFPS
Comment 10: Whether to Apply AFA to
Reliance’s Alleged Benefits for EOU
programs
Comment 11: Whether to Apply AFA to
Reliance’s Purported Benefits for Two
Income Deductions Related to SEZ
programs
Comment 12: Whether to Apply AFA to
Reliance’s Purported Benefits under
Section 35(1)(iv), Section 35(I)(ii), and
Section 35(I)(i) Income Tax Deductions
Comment 13: Whether to Apply AFA to
Reliance’s Unreported Benefits for SEZ
programs
Comment 14: Whether to Revise the
Application of AFA Rates for SEZ
programs
Comment 15: Whether to Apply Total AFA
to Reliance
Comment 16: Whether to Revise the
Calculation of Benefits Received under
the EPCG
XI. Recommendation
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Scope of the Investigation
The merchandise covered by this
investigation is fine denier polyester staple
fiber (fine denier PSF), not carded or combed,
measuring less than 3.3 decitex (3 denier) in
diameter. The scope covers all fine denier
PSF, whether coated or uncoated. The
following products are excluded from the
scope:
(1) PSF equal to or greater than 3.3 decitex
(more than 3 denier, inclusive) currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 5503.20.0045 and 5503.20.0065.
(2) Low-melt PSF defined as a bicomponent polyester fiber having a polyester
fiber component that melts at a lower
temperature than the other polyester fiber
component, which is currently classifiable
under HTSUS subheading 5503.20.0015.
Fine denier PSF is classifiable under the
HTSUS subheading 5503.20.0025. Although
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
investigations is dispositive.
[FR Doc. 2018–01151 Filed 1–22–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–065]
Countervailing Duty Investigation of
Stainless Steel Flanges From the
People’s Republic of China:
Preliminary Affirmative Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers/exporters of
stainless steel flanges from the People’s
Republic of China (China). The period
of investigation is January 1, 2016,
through December 31, 2016. We invite
interested parties to comment on this
preliminary determination.
DATES: Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Justin Neuman or Jerry Huang, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–0486 or (202) 482–4047,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
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Sfmt 4703
(Act). Commerce published the notice of
initiation of this investigation on
September 11, 2017.1 On October 27,
2017, Commerce postponed the
preliminary determination of this
investigation to January 16, 2018.2 For
a complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included at 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 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 Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are stainless steel flanges
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
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.4
In making these findings, Commerce
relied totally on facts available, because
neither the GOC nor any of the selected
mandatory respondent companies
responded to the questionnaire. Further,
1 See Stainless Steel Flanges from India and the
People’s Republic of China: Initiation of
Countervailing Duty Investigations, 82 FR 42654
(September 11, 2017) (Initiation Notice).
2 See Stainless Steel Flanges from India and the
People’s Republic of China: Postponement of
Preliminary Determinations of Countervailing Duty
Investigations, 82 FR 49786 (October 27, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Stainless Steel
Flanges from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 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.
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
because these parties did not act to the
best of their ability to respond to
Commerce’s requests for information,
Commerce drew an adverse inference in
selecting from among the facts
otherwise available.5 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act. In
this investigation, Commerce
preliminarily assigned a rate based
entirely on facts available to mandatory
respondents Bothwell (Jiangyan) Steel
Fittings Co., Ltd., Hydro-Fluids Controls
Limited, Jiangyin Shengda Brite Line
Kasugai Flange Co., Ltd, and Qingdao IFlow Co., Ltd. There is no other
information on the record with which to
determine an all-others rate. As a result,
in accordance with section
705(c)(5)(A)(ii) of the Act, we have
established the all-others rate by
applying the countervailable subsidy
rate established for the mandatory
respondents. Consequently, the rate
calculated for the mandatory
respondents is also assigned as the rate
for all-other producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Company
Subsidy rate
(percent)
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Bothwell (Jiangyan) Steel Fittings Co., Ltd .....................
Hydro-Fluids Controls Limited ....................................
Jiangyin Shengda Brite Line
Kasugai Flange Co., Ltd ...
Qingdao I-Flow Co., Ltd .......
All-Others ..............................
174.73
174.73
174.73
174.73
174.73
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
5 See
sections 776(a) and (b) of the Act.
VerDate Sep<11>2014
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Jkt 244001
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Public Comment
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 last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.6
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce 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, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
6 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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3125
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: January 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I—Scope of the Investigation
The products covered by this investigation
are certain forged stainless steel flanges,
whether unfinished, semi-finished, or
finished (certain forged stainless steel
flanges). Certain forged stainless steel flanges
are generally manufactured to, but not
limited to, the material specification of
ASTM/ASME A/SA182 or comparable
domestic or foreign specifications. Certain
forged stainless steel flanges are made in
various grades such as, but not limited to,
304, 304L, 316, and 316L (or combinations
thereof). The term ‘‘stainless steel’’ used in
this scope refers to an alloy steel containing,
by actual weight, 1.2 percent or less of carbon
and 10.5 percent or more of chromium, with
or without other elements.
Unfinished stainless steel flanges possess
the approximate shape of finished stainless
steel flanges and have not yet been machined
to final specification after the initial forging
or like operations. These machining
processes may include, but are not limited to,
boring, facing, spot facing, drilling, tapering,
threading, beveling, heating, or compressing.
Semi-finished stainless steel flanges are
unfinished stainless steel flanges that have
undergone some machining processes.
The scope includes six general types of
flanges. They are: (1) Weld neck, generally
used in butt-weld line connection; (2)
threaded, generally used for threaded line
connections; (3) slip-on, generally used to
slide over pipe; (4) lap joint, generally used
with stub-ends/butt-weld line connections;
(5) socket weld, generally used to fit pipe
into a machine recession; and (6) blind,
generally used to seal off a line. The sizes
and descriptions of the flanges within the
scope include all pressure classes of ASME
B16.5 and range from one-half inch to
twenty-four inches nominal pipe size.
Specifically excluded from the scope of these
orders are cast stainless steel flanges. Cast
stainless steel flanges generally are
manufactured to specification ASTM A351.
The country of origin for certain forged
stainless steel flanges, whether unfinished,
semi-finished, or finished is the country
where the flange was forged. Subject
merchandise includes stainless steel flanges
as defined above that have been further
processed in a third country. The processing
includes, but is not limited to, boring, facing,
spot facing, drilling, tapering, threading,
beveling, heating, or compressing, and/or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigations if performed in the country
of manufacture of the stainless steel flanges.
Merchandise subject to the investigation is
typically imported under headings
7307.21.1000 and 7307.21.5000 of the
Harmonized Tariff Schedule of the United
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3126
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
States (HTSUS). While HTSUS subheadings
and ASTM specifications are provided for
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. Injury Test
VI. Application of the CVD Law to Imports
from China
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Calculation of the All-Others Rate
IX. ITC Notification
X. Public Comment
XI. Conclusion
[FR Doc. 2018–01145 Filed 1–22–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–075]
Certain Plastic Decorative Ribbon
From the People’s Republic of China:
Initiation of Less-Than-Fair-Value
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley at (202) 482–3148, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
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The Petition
On December 27, 2017, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
Petition concerning imports of certain
plastic decorative ribbon (plastic
decorative ribbon) from the People’s
Republic of China (China), filed in
proper form on behalf of Berwick
Offray, LLC (the petitioner).1 The AD
Petition was accompanied by a
countervailing duty (CVD) petition
concerning imports of plastic decorative
ribbon from China. The petitioner is a
1 See Letter to the Secretary of Commerce,
‘‘Certain Plastic Decorative Ribbon from the
People’s Republic of China: Petitions for the
Imposition of Antidumping and Countervailing
Duties’’ (December 27, 2017) (the Petition).
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17:59 Jan 22, 2018
Jkt 244001
domestic producer of plastic decorative
ribbon.2
On January 2, 2018, Commerce
requested supplemental information
pertaining to certain areas of the
Petition.3 The petitioner filed responses
to these requests, including revised
scope language, on January 5, 2018.4 On
January 12, 2018, the petitioner filed a
submission clarifying the scope
language.5
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of plastic decorative ribbon from China
are being, or are likely to be, sold in the
United States at less than fair value
within the meaning of section 731 of the
Act, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing plastic decorative ribbon in
the United States. Consistent with
section 732(b)(1) of the Act, the Petition
is accompanied by information
reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner
filed this Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(C) and (F) of
the Act. Commerce also finds that the
petitioner demonstrated sufficient
industry support with respect to the
initiation of the AD investigation that
the petitioner is requesting.6
Period of Investigation
Because the Petition was filed on
December 27, 2017, and China is a nonmarket economy (NME) country,
pursuant to 19 CFR 351.204(b)(1), the
2 See Volume I of the Petition, at 3 and Exhibit
I–3.
3 See Letter from Commerce, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Plastic Decorative
Ribbon from the People’s Republic of China:
Supplemental Questions’’ dated January 2, 2018
(General Issues Supplemental Questions); see also
Letter from Commerce, ‘‘Petition for the Imposition
of Antidumping Duties on Imports of Certain Plastic
Decorative Ribbons from the People’s Republic of
China: Supplemental Questions’’ dated January 2,
2018 (AD Supplemental Questions).
4 See Letter from the petitioner, ‘‘Certain Plastic
Decorative Ribbon from the People’s Republic of
China: Response to the Department’s January 2,
2018 Supplemental Questions Regarding Volumes I
and II of the Petition for the Imposition of
Antidumping and Countervailing Duties’’ dated
January 5, 2018 (General Issues and China AD
Supplement).
5 See Letter from the petitioner, ‘‘Certain Plastic
Decorative Ribbon from the People’s Republic of
China: Amendment to the Petition for the
Imposition of Antidumping and Countervailing
Duties’’ dated January 12, 2018 (Scope
Clarification).
6 See the ‘‘Determination of Industry Support for
the Petition’’ section, below.
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Fmt 4703
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POI for this investigation is April 1,
2017, through September 30, 2017.
Scope of the Investigation
The products covered by this
investigation are plastic decorative
ribbon from China. For a full
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in the Appendix to this
notice.
Comments on Scope of the Investigation
During our review of the Petition,
Commerce issued questions to, and
received responses from, the petitioner
pertaining to the proposed scope to
ensure that the scope language in the
Petition would be an accurate reflection
of the products for which the domestic
industry is seeking relief.7
As discussed in the preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).8 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information,9 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests all interested parties
to submit such comments by 5:00 p.m.
Eastern Time (ET) on Monday, February
5, 2018, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on Thursday, February 15,
2018, which is 10 calendar days from
the initial comments deadline.10
Commerce requests that any factual
information the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such comments must
be filed on the records of each of the
concurrent AD and CVD investigations.
7 See General Issues Supplemental Questions and
AD Supplemental Questions; see also General
Issues and China AD Supplement, at 2–4 and
Exhibit COM-Supp-2; and Scope Clarification.
8 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
10 See 19 CFR 351.303(b).
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]]>Agencies
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3124-3126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01145]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-065]
Countervailing Duty Investigation of Stainless Steel Flanges From
the People's Republic of China: Preliminary Affirmative Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers/
exporters of stainless steel flanges from the People's Republic of
China (China). The period of investigation is January 1, 2016, through
December 31, 2016. We invite interested parties to comment on this
preliminary determination.
DATES: Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT: Justin Neuman or Jerry Huang, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone (202) 482-0486 or (202) 482-4047,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (Act). Commerce published
the notice of initiation of this investigation on September 11,
2017.\1\ On October 27, 2017, Commerce postponed the preliminary
determination of this investigation to January 16, 2018.\2\ For a
complete description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\3\ A list of
topics discussed in the Preliminary Decision Memorandum is included at
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 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 Preliminary Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The
signed and electronic versions of the Preliminary Decision Memorandum
are identical in content.
---------------------------------------------------------------------------
\1\ See Stainless Steel Flanges from India and the People's
Republic of China: Initiation of Countervailing Duty Investigations,
82 FR 42654 (September 11, 2017) (Initiation Notice).
\2\ See Stainless Steel Flanges from India and the People's
Republic of China: Postponement of Preliminary Determinations of
Countervailing Duty Investigations, 82 FR 49786 (October 27, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Stainless
Steel Flanges from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are stainless steel
flanges from China. For a complete description of the scope of this
investigation, see Appendix I.
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines 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.\4\
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
In making these findings, Commerce relied totally on facts
available, because neither the GOC nor any of the selected mandatory
respondent companies responded to the questionnaire. Further,
[[Page 3125]]
because these parties did not act to the best of their ability to
respond to Commerce's requests for information, Commerce drew an
adverse inference in selecting from among the facts otherwise
available.\5\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act. In this investigation, Commerce preliminarily assigned
a rate based entirely on facts available to mandatory respondents
Bothwell (Jiangyan) Steel Fittings Co., Ltd., Hydro-Fluids Controls
Limited, Jiangyin Shengda Brite Line Kasugai Flange Co., Ltd, and
Qingdao I-Flow Co., Ltd. There is no other information on the record
with which to determine an all-others rate. As a result, in accordance
with section 705(c)(5)(A)(ii) of the Act, we have established the all-
others rate by applying the countervailable subsidy rate established
for the mandatory respondents. Consequently, the rate calculated for
the mandatory respondents is also assigned as the rate for all-other
producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Bothwell (Jiangyan) Steel Fittings Co., Ltd............. 174.73
Hydro-Fluids Controls Limited........................... 174.73
Jiangyin Shengda Brite Line Kasugai Flange Co., Ltd..... 174.73
Qingdao I-Flow Co., Ltd................................. 174.73
All-Others.............................................. 174.73
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Public Comment
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 last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce 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, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: January 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are certain forged
stainless steel flanges, whether unfinished, semi-finished, or
finished (certain forged stainless steel flanges). Certain forged
stainless steel flanges are generally manufactured to, but not
limited to, the material specification of ASTM/ASME A/SA182 or
comparable domestic or foreign specifications. Certain forged
stainless steel flanges are made in various grades such as, but not
limited to, 304, 304L, 316, and 316L (or combinations thereof). The
term ``stainless steel'' used in this scope refers to an alloy steel
containing, by actual weight, 1.2 percent or less of carbon and 10.5
percent or more of chromium, with or without other elements.
Unfinished stainless steel flanges possess the approximate shape
of finished stainless steel flanges and have not yet been machined
to final specification after the initial forging or like operations.
These machining processes may include, but are not limited to,
boring, facing, spot facing, drilling, tapering, threading,
beveling, heating, or compressing. Semi-finished stainless steel
flanges are unfinished stainless steel flanges that have undergone
some machining processes.
The scope includes six general types of flanges. They are: (1)
Weld neck, generally used in butt-weld line connection; (2)
threaded, generally used for threaded line connections; (3) slip-on,
generally used to slide over pipe; (4) lap joint, generally used
with stub-ends/butt-weld line connections; (5) socket weld,
generally used to fit pipe into a machine recession; and (6) blind,
generally used to seal off a line. The sizes and descriptions of the
flanges within the scope include all pressure classes of ASME B16.5
and range from one-half inch to twenty-four inches nominal pipe
size. Specifically excluded from the scope of these orders are cast
stainless steel flanges. Cast stainless steel flanges generally are
manufactured to specification ASTM A351.
The country of origin for certain forged stainless steel
flanges, whether unfinished, semi-finished, or finished is the
country where the flange was forged. Subject merchandise includes
stainless steel flanges as defined above that have been further
processed in a third country. The processing includes, but is not
limited to, boring, facing, spot facing, drilling, tapering,
threading, beveling, heating, or compressing, and/or any other
processing that would not otherwise remove the merchandise from the
scope of the investigations if performed in the country of
manufacture of the stainless steel flanges.
Merchandise subject to the investigation is typically imported
under headings 7307.21.1000 and 7307.21.5000 of the Harmonized
Tariff Schedule of the United
[[Page 3126]]
States (HTSUS). While HTSUS subheadings and ASTM specifications are
provided for 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. Injury Test
VI. Application of the CVD Law to Imports from China
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Calculation of the All-Others Rate
IX. ITC Notification
X. Public Comment
XI. Conclusion
[FR Doc. 2018-01145 Filed 1-22-18; 8:45 am]
BILLING CODE 3510-DS-P
