Stainless Steel Flanges From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative and Alignment of Final Determination With Final Antidumping Duty Determination, 3118-3120 [2018-01146]
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3118
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
the entire span between the longitudinal
edges of the ribbon for the entire length of
the ribbon; (4) ribbon formed into a bow
without a tab or other means for attaching the
bow to an object using adhesives, where the
bow has: (a) An outer layer that is either
flocked or made of fabric, and (b) a flexible
metal wire at the base that is suitable for
attaching the bow to a Christmas tree or other
object by twist-tying; (5) elastic ribbons,
meaning ribbons that elongate when
stretched and return to their original
dimension when the stretching load is
removed; (6) ribbons affixed as a decorative
detail to non-subject merchandise, such as a
gift bag, gift box, gift tin, greeting card or
plush toy, or affixed (including by tying) as
a decorative detail to packaging containing
non subject merchandise; (7) ribbons that are
(a) affixed to non-subject merchandise as a
working component of such non-subject
merchandise, such as where the ribbon
comprises a book marker, bag cinch, or part
of an identity card holder, or (b) affixed
(including by tying) to non-subject
merchandise as a working component that
holds or packages such non-subject
merchandise or attaches packaging or
labeling to such non-subject merchandise,
such as a ‘‘belly band’’ around a pair of
pajamas, a pair of socks or a blanket; (8)
imitation raffia made of plastics having a
thickness not more than one (1) mil when
measured in an unfolded/untwisted state;
and (9) ribbons in the form of bows having
a diameter of less than seven-eighths (7⁄8) of
an inch, or having a diameter of more than
16 inches, based on actual measurement. For
purposes of this exclusion, the diameter of a
bow is equal to the diameter of the smallest
circular ring through which the bow will
pass without compressing the bow.
Further, excluded from the scope of the
antidumping duty order are any products
covered by the existing antidumping duty
order on polyethylene terephthalate film,
sheet, and strip (PET Film) from the People’s
Republic of China (China). See Polyethylene
Terephthalate Film, Sheet, and Strip from
Brazil, the People’s Republic of China and
the United Arab Emirates: Antidumping Duty
Orders and Amended Final Determination of
Sales at Less Than Fair Value for the United
Arab Emirates, 73 FR 66595 (November 10,
2008).
Merchandise covered by this investigation
is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under subheadings 3920.20.0015 and
3926.40.0010. Merchandise covered by this
investigation also may enter under
subheadings 3920.10.0000; 3920.20.0055;
3920.30.0000; 3920.43.5000; 3920.49.0000;
3920.62.0050; 3920.62.0090; 3920.69.0000;
3921.90.1100; 3921.90.1500; 3921.90.1910;
3921.90.1950; 3921.90.4010; 3921.90.4090;
3926.90.9996; 5404.90.0000; 9505.90.4000;
4601.99.9000; 4602.90.0000; 5609.00.3000;
5609.00.4000; and 6307.90.9889. These
HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope of this
investigation is dispositive.
[FR Doc. 2018–01147 Filed 1–22–18; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–878]
Stainless Steel Flanges From India:
Preliminary Affirmative Countervailing
Duty Determination, Preliminary
Affirmative and Alignment of Final
Determination With Final Antidumping
Duty 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 and exporters of
stainless steel flanges from India. The
period of investigation is January 1,
2016, through December 31, 2016.
DATES: Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Ryan Mullen or Chelsey Simonovich,
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) 482–5260 or
(202) 482–2000, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the 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 and the revised deadline is
now 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 as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
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 Determination 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 India,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
PO 00000
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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 India. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e. , scope).5 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice.
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.6
In making these findings, we relied, in
part, on facts available and, because it
finds that one or more respondents did
not act to the best of their ability to
respond to Commerce’s requests for
information, it drew an adverse
inference where appropriate in selecting
from among the facts otherwise
available.7 For further information, see
‘‘Use of Facts Otherwise Available and
Adverse Inferences’’ in the Preliminary
Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances
In accordance with section 703(e)(1)
of the Act, Commerce preliminarily
determines that critical circumstances
exist with respect to imports of stainless
steel flanges from India for Bebitz
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 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.
7 See sections 776(a) and (b) of the Act.
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
Flanges Works, Echjay Forgings Private
Limited, and all other exporters or
producers not individually examined.
For a full description of the
methodology and results of Commerce’s
analysis, see the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final countervailing duty (CVD)
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of stainless steel flanges
from India based on a request made by
the petitioners.8 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than
May 28, 2018, unless postponed.
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 Bebitz
Flanges Works. Therefore, the only rate
that is not zero, de minimis or based
entirely on facts otherwise available is
the rate calculated for Echjay Forgings
Private Limited. Consequently, the rate
calculated for Echjay Forgings Private
Limited 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:
sradovich on DSK3GMQ082PROD with NOTICES
Company
Bebitz Flanges Works 9 ........
Echjay Forgings Private Limited 10 .................................
All-Others ..............................
17:59 Jan 22, 2018
Public Comment
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.
Section 703(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise produced and/or
exported by Bebitz Flanges Works,
Echjay Forgings Private Limited, and
all-other producers and exporters. In
accordance with section 703(e)(2)(A) of
the Act, the suspension of liquidation
shall apply to unliquidated entries of
merchandise from the exporters/
producers identified in this paragraph
that were entered, or withdrawn from
warehouse, for consumption on or after
the date which is 90 days before the
publication of this notice.
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.11
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.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
239.61 final determination.
8 See Letter to the Secretary from the Petitioners,
re: Petitioners’’’ Request to Align the Countervailing
Duty Final Determination with the Antidumping
Duty Final Determination, dated December 18,
2017.
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Suspension of Liquidation
Subsidy rate
(percent)
5.00
5.00
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3119
9 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Bebitz Flanges
Works: Viraj Profiles Limited.
10 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Echjay Forgings
Private Limited: Echjay Forging Industries Private
Limited.
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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).
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
convenience and customs purposes, the
written description of the scope is
dispositive.
Appendix I—Scope of the Investigation
sradovich on DSK3GMQ082PROD with NOTICES
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.
I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Preliminary Determination of Critical
Circumstances
VIII. Subsidies Valuation
IX. Benchmarks and Discount Rates
X. Use of Facts Otherwise Available and
Adverse Inferences
XI. Analysis of Programs
XII. Calculation of the All-Others Rate
XIII. ITC Notification
XIV. Disclosure and Public Comment
XV. Verification
XVI. Conclusion
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 this
investigation 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 investigation 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
States (HTS). While HTS subheadings and
ASTM specifications are provided for
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Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
[FR Doc. 2018–01146 Filed 1–22–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–061]
Countervailing Duty Investigation of
Fine Denier Polyester Staple Fiber
From the People’s Republic of China:
Final Affirmative Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
fine denier polyester staple fiber (fine
denier PSF) from the People’s Republic
of China (China). The period of
investigation is January 1, 2016, through
December 31, 2016. For information on
the estimated subsidy rates, see the
‘‘Final Determination and Suspension of
Liquidation’’ section of this notice.
SUMMARY:
DATES:
Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas or Davina Friedmann,
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) 482–3813 or
(202) 482–0698, respectively.
SUPPLEMENTARY INFORMATION:
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Background
Commerce published the Preliminary
Determination on November 6, 2017.1 A
summary of the events that occurred
since Commerce 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 Issues and Decision
Memorandum 2 issued concurrently
with this notice. 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/
frn/. The signed Issues and Decision
Memorandum and the electronic
version are identical in content.
Scope Comments
In accordance with the Preliminary
Scope Memorandum, Commerce
provided parties an opportunity to
provide comments on all issues
regarding product coverage (i.e., scope).3
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice.4 As a
result, the scope of this investigation
was modified for the preliminary
determination. No further changes to the
scope of the investigation were made to
this final determination. For a summary
of the product coverage comments and
rebuttal responses submitted to the
1 See Fine Denier Polyester Staple Fiber from the
People’s Republic of China: Preliminary Affirmative
Countervailing Duty Determination, 82 FR 51396
(November 6, 2017) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum (Preliminary Decision
Memorandum).
2 See Commerce Memorandum, ‘‘Issues and
Decision Memorandum for the Final Determination
in the Countervailing Duty Investigation of Fine
Denier Polyester Staple Fiber from the People’s
Republic of China,’’ dated concurrently with this
determination and hereby adopted by this notice
(Issues and Decision Memorandum).
3 See Commerce Memorandum, ‘‘Fine Denier
Polyester Staple Fiber from the People’s Republic
of China, India, Republic of Korea, and Taiwan:
Scope Comments Decision Memorandum for the
Preliminary Determinations,’’ dated December 8 31,
2017 (Preliminary Scope Memorandum); see also
See Commerce Memorandum, ‘‘Due Dates for Case
and Rebuttal Briefs Regarding the Scope,’’ dated
December 11, 2017.
4 See Fine Denier Polyester Staple Fiber from
India and the People’s Republic of China: Initiation
of Countervailing Duty Investigations, 82 FR 29029
(June 27, 2017) (Initiation Notice).
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]]>Agencies
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3118-3120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01146]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-878]
Stainless Steel Flanges From India: Preliminary Affirmative
Countervailing Duty Determination, Preliminary Affirmative and
Alignment of Final Determination With Final Antidumping Duty
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 and
exporters of stainless steel flanges from India. The period of
investigation is January 1, 2016, through December 31, 2016.
DATES: Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT: Ryan Mullen or Chelsey Simonovich, 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) 482-5260 or (202)
482-2000, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the 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 and the revised deadline is now
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 as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov, and
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 Determination 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 India,'' 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 India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e. , scope).\5\ No interested
party commented on the scope of the investigation as it appeared in the
Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
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.\6\
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\6\ 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, we relied, in part, on facts available
and, because it finds that one or more respondents did not act to the
best of their ability to respond to Commerce's requests for
information, it drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\7\ For further
information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 703(e)(1) of the Act, Commerce
preliminarily determines that critical circumstances exist with respect
to imports of stainless steel flanges from India for Bebitz
[[Page 3119]]
Flanges Works, Echjay Forgings Private Limited, and all other exporters
or producers not individually examined. For a full description of the
methodology and results of Commerce's analysis, see the Preliminary
Decision Memorandum.
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determination in the companion antidumping
duty (AD) investigation of stainless steel flanges from India based on
a request made by the petitioners.\8\ Consequently, the final CVD
determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
May 28, 2018, unless postponed.
---------------------------------------------------------------------------
\8\ See Letter to the Secretary from the Petitioners, re:
Petitioners''' Request to Align the Countervailing Duty Final
Determination with the Antidumping Duty Final Determination, dated
December 18, 2017.
---------------------------------------------------------------------------
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 Bebitz Flanges Works.
Therefore, the only rate that is not zero, de minimis or based entirely
on facts otherwise available is the rate calculated for Echjay Forgings
Private Limited. Consequently, the rate calculated for Echjay Forgings
Private Limited 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)
------------------------------------------------------------------------
Bebitz Flanges Works \9\................................ 239.61
Echjay Forgings Private Limited \10\.................... 5.00
All-Others.............................................. 5.00
------------------------------------------------------------------------
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.
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\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Bebitz Flanges Works: Viraj Profiles Limited.
\10\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Echjay Forgings Private Limited: Echjay Forging Industries Private
Limited.
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Section 703(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise produced and/or exported by Bebitz Flanges Works, Echjay
Forgings Private Limited, and all-other producers and exporters. In
accordance with section 703(e)(2)(A) of the Act, the suspension of
liquidation shall apply to unliquidated entries of merchandise from the
exporters/producers identified in this paragraph that were entered, or
withdrawn from warehouse, for consumption on or after the date which is
90 days before the publication of this notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
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.\11\ 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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\11\ 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).
[[Page 3120]]
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 this investigation 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 investigation 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 States (HTS). While HTS 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. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Preliminary Determination of Critical Circumstances
VIII. Subsidies Valuation
IX. Benchmarks and Discount Rates
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. Calculation of the All-Others Rate
XIII. ITC Notification
XIV. Disclosure and Public Comment
XV. Verification
XVI. Conclusion
[FR Doc. 2018-01146 Filed 1-22-18; 8:45 am]
BILLING CODE P
