Stainless Steel Flanges From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 13246-13249 [2018-06152]
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
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 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 (HTSUS). While HTSUS subheadings
and ASTM specifications are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
Appendix II
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List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Value
Comments
C. Separate Rates
D. GJY
E. China-Wide Entity
F. Use of Facts Otherwise Available With
an Adverse Inferencce
VII. Adjustment Under Section 777(A)(f) of
the Act
VIII. Adjustments to Cash Deposit Rates for
Export Subsidies
IX. Verification
X. Conclusion
[FR Doc. 2018–06153 Filed 3–27–18; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–877]
Stainless Steel Flanges From India:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Preliminary Affirmative Determination
of Critical Circumstances,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that stainless steel flanges from India are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV) during the period of
investigation (POI) July 1, 2016, through
June 30, 2017.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Courtney Canales, Julia Hancock, 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) 482–4997,
(202) 482–1394, or (202) 482–4047,
respectively.
AGENCY:
(i.e., the weekend), pursuant to
Commerce’s practice, the deadline will
become the next business day. The
revised deadline is now March 19, 2018.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is stainless steel flanges
from India. For a complete description
of the scope of this investigation, see
Appendix I.
SUPPLEMENTARY INFORMATION:
Scope Comments
Background
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 submitted timely comments on the
scope of the investigation as it appeared
in the Initiation Notice. Commerce is
not preliminarily modifying the scope
language as it appeared in the Initiation
Notice.
This preliminary determination is
made in accordance with section 733(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 January 9,
2018, Commerce postponed the
preliminary determination of this
investigation and Commerce also
exercised its discretion to toll all
deadlines affected by the closure of the
Federal Government from January 20
through 22, 2018.2 Because the new
deadline falls on a non-business day
1 See Stainless Steel Flanges from India and the
People’s Republic of China: Initiation of Less-ThanFair-Value Investigations, 82 FR 42649 (September
11, 2017) (Initiation Notice).
2 See Stainless Steel Flanges from India and the
People’s Republic of China: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigations, 83 FR 1025 (January 9, 2018);
see also Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
three days.
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Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act.
Constructed export prices also have
been calculated in accordance with
section 772(b) of the Act. Normal value
(NV) is calculated in accordance with
section 773 of the Act. In addition,
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Stainless Steel Flanges
from India’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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the Bebitz/Viraj single entity, and the
Echjay single entity, and all other
producers and exporters. For a full
description of the methodology and
results of Commerce’s critical
circumstances analysis, see the
Preliminary Decision Memorandum.
Commerce has preliminarily relied on
partial adverse facts available, pursuant
to sections 776(a) and (b) of the Act, for
Chandan Steel Limited (Chandan).
Furthermore, pursuant to section 776(a)
and (b) of the Act, Commerce has
preliminarily relied upon total adverse
facts available for the Echjay single
entity 6 and the Bebitz/Viraj single
entity.7 For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that in
the preliminary determination
Commerce shall determine an estimated
all-others rate for all exporters and
producers not individually examined.
This rate shall be an amount equal to
the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
Preliminary Affirmative Determination
of Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances exist for Chandan Steel,
13247
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
preliminarily assigned a rate based
entirely on adverse facts available to the
Bebitz/Viraj single entity and the Echjay
single entity. Therefore, the only rate
that is not zero, de minimis, or based
entirely on facts otherwise available is
the rate calculated for Chandan.
Consequently, the margin calculated for
Chandan is assigned as the rate for all
other producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
Chandan Steel Limited ............................................................................................................................................
Echjay Single Entity 9 ...............................................................................................................................................
Bebitz/Viraj Single Entity 11 ......................................................................................................................................
All-Others .................................................................................................................................................................
18.10
** 145.25
** 145.25
18.10
Cash deposit
rate
(adjusted for
subsidy
offset(s))
(percent)
8 13.15
10 145.25
12 145.25
13.15
** (The AFA rate. See the Preliminary Decision Memorandum for how this rate was selected.)
In accordance with section 733(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 Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise, except as explained
below; and (3) the cash deposit rate for
all other producers and exporters will
be equal to the all-others estimated
weighted-average dumping margin.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of subject
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. As noted above, Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise produced or
exported by Chandan, Bebitz/Viraj
single entity, Echjay single entity, and
all-others. In accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to
unliquidated entries of shipments of
subject merchandise from the
producer(s) or exporter(s) 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.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
preliminarily made an affirmative
6 Commerce preliminarily determines, pursuant
to section 771(33)(A) and (F) of the Act, that Echjay
Forgings Pvt Limited, Echjay Industries Private
Limited, Echjay Forging Industries Private Limited,
and Spire Industries Pvt. Limited are affiliated, and,
pursuant to 19 CFR 351.401(f), that these companies
should be treated as a single entity (Echjay single
entity). See Preliminary Decision Memorandum.
7 Commerce preliminarily determines, pursuant
to section 771(33)(A) and (F) of the Act, that Bebitz
Flanges Works Private Limited, Viraj Profiles
Limited (Viraj), Flanschen werk Bebitz GmbH
(FBG), Bebitz USA, Inc. (Bebitz USA), and Viraj
USA, Inc. (Viraj USA) are affiliated, and, pursuant
to 19 CFR 351.401(f), that these companies should
be treated as a single entity (Bebitz/Viraj single
entity). See Preliminary Decision Memorandum.
8 See Memorandum, ‘‘Calculations Performed for
Chandan Steel Limited for the Preliminary
Determination in the Antidumping Duty
Investigation of Stainless Steel Flanges from India,’’
dated concurrently with this notice (Chandan
Calculation Memorandum).
9 Commerce preliminarily determines that Echjay
Forgings Pvt Limited, Echjay Industries Private
Limited, Echjay Forging Industries Private Limited,
and Spire Industries Pvt. Limited are a single entity.
See Preliminary Decision Memorandum.
10 See Chandan Calculation Memorandum.
11 Commerce preliminarily determines that Bebitz
Flanges Works Private Limited, Viraj Profiles
Limited (Viraj), Flanschen werk Bebitz GmbH
(FBG), Bebitz USA, Inc. (Bebitz USA), and Viraj
USA, Inc. (Viraj USA) are a single entity. See
Preliminary Decision Memorandum.
12 See Chandan Calculation Memorandum.
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Suspension of Liquidation
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
determination for countervailable export
subsidies, Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate.
Any such adjusted cash deposit rate
may be found in the Preliminary
Determination section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication 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 for Chandan in
making its final determination.
However, because the Bebitz/Viraj
single entity and the Echjay single entity
did not provide information requested
by Commerce, and Commerce
preliminarily determines that these
examined respondents to have been
uncooperative within the meaing of
section 776(b) of the Act, we will not
conduct verification of the Bebitz/Viraj
single entity and the Echjay single
entity.
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Public Comment
Case briefs or other written comments
on Chandan 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 on Chandan is issued
in this investigation. For issues related
to the Bebitz/Viraj single entity and the
Echjay single entity, because we are not
verifying these companies, case briefs or
other written comments may be
submitted to the Assistant Secretary for
Enforcement and Compliance no later
than 50 days after the date of
publication of the preliminary
determination, unless Commerce alters
the time limit. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
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the deadline date for case briefs.13
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.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On February 12 and 21, 2018, the
Bebitz/Viraj single entity and the Echjay
single entity requested that Commerce
postpone the final determination and
that provisional measures be extended
to a period not to exceed six months. In
accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) The preliminary
determination is affirmative; (2) the
requesting exporter(s) account(s) for a
13 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary 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 whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: March 19, 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.
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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 (HTSUS). While HTSUS subheadings
and ASTM specifications are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
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Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Selection of Voluntary Respondent
VI. Affiliation and Collapsing
A. Bebitz/Viraj Single Entity
B. Echjay Single Entity
VII. Application of Facts Available and Use
of Adverse Inference
A. Application of Facts Available to
Bebitz/Viraj Single Entity
B. Application of Facts Available to Echjay
Single Entity
C. Selection and Corroboration of the AFA
Rate
VIII. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export
Price
XII. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
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2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
XIII. Critical Circumstances
XIV. Currency Conversion
XV. Conclusion
[FR Doc. 2018–06152 Filed 3–27–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–831]
Carbon and Alloy Steel Wire Rod From
Turkey: Final Determination of Sales at
Less Than Fair Value and Final
Negative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that carbon and
alloy steel wire rod (wire rod) from
Turkey is being, or is likely to be, sold
in the United States at less than fair
value during the period of investigation
(POI) is January 1, 2016, through
December 31, 2016.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Ryan Mullen or Ian Hamilton, 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 and (202) 482–4798,
respectively.
AGENCY:
13249
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, which is hereby adopted
by this notice.3
Scope of the Investigation
The scope of the investigation covers
wire rod from Turkey. For a complete
description of the scope of the
investigation, see Appendix I.
Scope Comments
During the course of this
investigation, Commerce received
numerous scope comments from
interested parties. Prior to the
Preliminary Determination, Commerce
issued a Preliminary Scope Decision
Memorandum to address these
comments and made no changes to the
scope of the investigation as it appeared
in the Initiation Notice.4
In September 2017, we received scope
case and rebuttal briefs. On November
20, 2017, we issued the Final Scope
Decision Memorandum in response to
the comments received.5 We did not
change the scope of this investigation.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum. A list of
the issues raised is attached to this
notice as Appendix II. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2017, Commerce
published the Preliminary
Determination in the Federal Register.1
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018. If the new deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the final determination of this
investigation is now March 19, 2018.2 A
1 See Carbon and Alloy Steel Wire Rod from
Turkey: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, and Preliminary
Negative Determination of Critical Circumstances,
82 FR 50377 (October 31, 2017) (Preliminary
Determination) and accompanying Preliminary
Decision Memorandum.
2 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the non-
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exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’, dated January 23, 2018. All
deadlines in this segment of the proceeding have
been extended by 3 days.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Carbon and Alloy Steel Wire Rod
from Turkey,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
4 For discussion of these comments, see
Memorandum, ‘‘Carbon and Alloy Steel Wire Rod
from Belarus, Italy, the Republic of Korea, the
Russian Federation, South Africa, Spain, the
Republic of Turkey, Ukraine, the United Arab
Emirates, and the United Kingdom: Scope
Comments Decision Memorandum for the
Preliminary Determination’’ (Preliminary Scope
Decision Memorandum), dated August 7, 2017.
5 For discussion of these comments, see
Memorandum, ‘‘Carbon and Alloy Steel Wire Rod
from Belarus, Italy, the Republic of Korea, the
Russian Federation, South Africa, Spain, the
Republic of Turkey, Ukraine, the United Arab
Emirates, and the United Kingdom: Final Scope
Memorandum’’ (Final Scope Decision
Memorandum), dated November 20, 2017.
E:\FR\FM\28MRN1.SGM
28MRN1
]]>Agencies
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13246-13249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06152]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-877]
Stainless Steel Flanges From India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Affirmative
Determination of Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that stainless steel flanges from India are being, or are likely to be,
sold in the United States at less than fair value (LTFV) during the
period of investigation (POI) July 1, 2016, through June 30, 2017.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT: Courtney Canales, Julia Hancock, 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-
4997, (202) 482-1394, or (202) 482-4047, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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 January 9, 2018, Commerce postponed the preliminary
determination of this investigation and Commerce also exercised its
discretion to toll all deadlines affected by the closure of the Federal
Government from January 20 through 22, 2018.\2\ Because the new
deadline falls on a non-business day (i.e., the weekend), pursuant to
Commerce's practice, the deadline will become the next business day.
The revised deadline is now March 19, 2018.
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\1\ See Stainless Steel Flanges from India and the People's
Republic of China: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 42649 (September 11, 2017) (Initiation
Notice).
\2\ See Stainless Steel Flanges from India and the People's
Republic of China: Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 83 FR 1025 (January 9, 2018);
see also Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by three days.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Stainless
Steel Flanges from India'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is 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
submitted timely comments on the scope of the investigation as it
appeared in the Initiation Notice. Commerce is not preliminarily
modifying the scope language 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.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Constructed export prices
also have been calculated in accordance with section 772(b) of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act. In addition,
[[Page 13247]]
Commerce has preliminarily relied on partial adverse facts available,
pursuant to sections 776(a) and (b) of the Act, for Chandan Steel
Limited (Chandan). Furthermore, pursuant to section 776(a) and (b) of
the Act, Commerce has preliminarily relied upon total adverse facts
available for the Echjay single entity \6\ and the Bebitz/Viraj single
entity.\7\ For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
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\6\ Commerce preliminarily determines, pursuant to section
771(33)(A) and (F) of the Act, that Echjay Forgings Pvt Limited,
Echjay Industries Private Limited, Echjay Forging Industries Private
Limited, and Spire Industries Pvt. Limited are affiliated, and,
pursuant to 19 CFR 351.401(f), that these companies should be
treated as a single entity (Echjay single entity). See Preliminary
Decision Memorandum.
\7\ Commerce preliminarily determines, pursuant to section
771(33)(A) and (F) of the Act, that Bebitz Flanges Works Private
Limited, Viraj Profiles Limited (Viraj), Flanschen werk Bebitz GmbH
(FBG), Bebitz USA, Inc. (Bebitz USA), and Viraj USA, Inc. (Viraj
USA) are affiliated, and, pursuant to 19 CFR 351.401(f), that these
companies should be treated as a single entity (Bebitz/Viraj single
entity). See Preliminary Decision Memorandum.
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Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances exist for
Chandan Steel, the Bebitz/Viraj single entity, and the Echjay single
entity, and all other producers and exporters. For a full description
of the methodology and results of Commerce's critical circumstances
analysis, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce preliminarily assigned a rate based
entirely on adverse facts available to the Bebitz/Viraj single entity
and the Echjay single entity. Therefore, the only rate that is not
zero, de minimis, or based entirely on facts otherwise available is the
rate calculated for Chandan. Consequently, the margin calculated for
Chandan is assigned as the rate for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Exporter/producer average for subsidy
dumping margin offset(s))
(percent) (percent)
------------------------------------------------------------------------
Chandan Steel Limited................... 18.10 \8\ 13.15
Echjay Single Entity \9\................ ** 145.25 \10\ 145.25
Bebitz/Viraj Single Entity \11\......... ** 145.25 \12\ 145.25
All-Others.............................. 18.10 13.15
------------------------------------------------------------------------
** (The AFA rate. See the Preliminary Decision Memorandum for how this
rate was selected.)
Suspension of Liquidation
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\8\ See Memorandum, ``Calculations Performed for Chandan Steel
Limited for the Preliminary Determination in the Antidumping Duty
Investigation of Stainless Steel Flanges from India,'' dated
concurrently with this notice (Chandan Calculation Memorandum).
\9\ Commerce preliminarily determines that Echjay Forgings Pvt
Limited, Echjay Industries Private Limited, Echjay Forging
Industries Private Limited, and Spire Industries Pvt. Limited are a
single entity. See Preliminary Decision Memorandum.
\10\ See Chandan Calculation Memorandum.
\11\ Commerce preliminarily determines that Bebitz Flanges Works
Private Limited, Viraj Profiles Limited (Viraj), Flanschen werk
Bebitz GmbH (FBG), Bebitz USA, Inc. (Bebitz USA), and Viraj USA,
Inc. (Viraj USA) are a single entity. See Preliminary Decision
Memorandum.
\12\ See Chandan Calculation Memorandum.
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In accordance with section 733(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 Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise, except as explained below; and (3) the cash
deposit rate for all other producers and exporters will be equal to the
all-others estimated weighted-average dumping margin.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject 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. As noted above, Commerce
preliminarily finds that critical circumstances exist for imports of
subject merchandise produced or exported by Chandan, Bebitz/Viraj
single entity, Echjay single entity, and all-others. In accordance with
section 733(e)(2)(A) of the Act, the suspension of liquidation shall
apply to unliquidated entries of shipments of subject merchandise from
the producer(s) or exporter(s) 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.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative
[[Page 13248]]
determination for countervailable export subsidies, Commerce has offset
the estimated weighted-average dumping margin by the appropriate CVD
rate. Any such adjusted cash deposit rate may be found in the
Preliminary Determination section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication 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 for Chandan in making its final
determination. However, because the Bebitz/Viraj single entity and the
Echjay single entity did not provide information requested by Commerce,
and Commerce preliminarily determines that these examined respondents
to have been uncooperative within the meaing of section 776(b) of the
Act, we will not conduct verification of the Bebitz/Viraj single entity
and the Echjay single entity.
Public Comment
Case briefs or other written comments on Chandan 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 on
Chandan is issued in this investigation. For issues related to the
Bebitz/Viraj single entity and the Echjay single entity, because we are
not verifying these companies, case briefs or other written comments
may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than 50 days after the date of publication of the
preliminary determination, unless Commerce alters the time limit.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\13\ 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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\13\ 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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On February 12 and 21, 2018, the Bebitz/Viraj single entity and the
Echjay single entity requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months. In accordance with section 735(a)(2)(A) of the
Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary
determination is affirmative; (2) the requesting exporter(s) account(s)
for a significant proportion of exports of the subject merchandise; and
(3) no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
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
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: March 19, 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.
[[Page 13249]]
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 (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. Period of Investigation
IV. Scope Comments
V. Selection of Voluntary Respondent
VI. Affiliation and Collapsing
A. Bebitz/Viraj Single Entity
B. Echjay Single Entity
VII. Application of Facts Available and Use of Adverse Inference
A. Application of Facts Available to Bebitz/Viraj Single Entity
B. Application of Facts Available to Echjay Single Entity
C. Selection and Corroboration of the AFA Rate
VIII. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export Price
XII. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison Market Prices
XIII. Critical Circumstances
XIV. Currency Conversion
XV. Conclusion
[FR Doc. 2018-06152 Filed 3-27-18; 8:45 am]
BILLING CODE 3510-DS-P
