Stainless Steel Flanges From People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 13244-13246 [2018-06153]
Download as PDF
13244
Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
Comment 2: Whether the Energy
Interruptibility Contract Is a
Countervailable Subsidy
Comment 3: Whether the Purchase of
Electricity Through Interconnectors Are
Countervailable Subsidies
Comment 4: Selection of Benchmark To
Value Purchases of Electricity Through
Interconnectors
Comment 5: How To Calculate the Benefit
for Electricity Purchased Through
Interconnectors
Comment 6: Whether Commerce Should
Implement Verification Findings To
Make Corrections to Ferriere Nord’s
Sales Denominator and the Numerator
Used in the Interruptibility Contract
Subsidy Calculation
Comment 7: Whether Commerce Should
Countervail the Provision of Electricity
Interconnector Rights
Comment 8: Whether Commerce Should
Countervail Excise Tax Exemptions
Comment 9: Whether Commerce Should
Apply AFA to Ferriere Valsider
X. Recommendation
[FR Doc. 2018–06133 Filed 3–27–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–064]
Stainless Steel Flanges From People’s
Republic of China: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that stainless steel flanges from People’s
Republic of China (China) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV) during the
period of investigation (POI) January 1,
2017, through June 30, 2017.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Trenton Duncan or Carrie Bethea, 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) 482–3539 or (202) 482–1491,
respectively.
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
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
VerDate Sep<11>2014
20:30 Mar 27, 2018
Jkt 244001
on September 11, 2017.1 On January 9,
2018, Commerce postponed the
preliminary determination of this
investigation.2 Commerce has exercised
its discretion to toll deadlines for the
duration of the closure of the Federal
Government from January 20 through
22, 2018.3 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 preliminary
determination of this investigation is
now March 19, 2018.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 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 products covered by this
investigation are stainless steel flanges
from China. For a complete description
of the scope of this investigation see
Appendix I to this notice.
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).
3 See 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
3 days.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Stainless Steel Flanges
from People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (scope).6 No interested party
commented 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. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) and (b) of the Act, Commerce
preliminarily has relied upon facts
otherwise available, with adverse
inferences, for mandatory respondent,
Shanxi Guanjiaying Flange Forging
Group Co., Ltd (GJY). Hydro-Fluids
Controls Limited (HFC), Songhai Flange
Manufacturing Co., Ltd (Songhai), and
Dongtai QB Stainless Steel Co., Ltd
(Dongtai) were also selected as
mandatory respondents, however, these
companies withdrew from participation
in this investigation and did not
respond to our requests for information.
Therefore, HFC, Songhai, and Dongtai
have not demonstrated their eligibility
for a separate rate and Commerce
considers them to be part of the Chinawide entity. For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,7 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.8
Because Commerce used total facts
otherwise available with adverse
inferences in determining the rate for
the only respondent that demonstrated
eligibility for a separate rate in this
investigation, GJY, Commerce did not
calculate producer/exporter
combination rates for that company.
5 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
7 See Initiation Notice at 42652–53.
8 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
E:\FR\FM\28MRN1.SGM
28MRN1
Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter
Shanxi Guanjiaying Flange
Forging Group Co., Ltd .....
China-wide Entity ..................
Estimated
weightedaverage
dumping
margin
(percent)
257.11
257.11
daltland on DSKBBV9HB2PROD with NOTICES
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation 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, as discussed below. 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 weighted average
amount by which normal value exceeds
U.S. price, as indicated in the chart
above as follows: (1) For the producer/
exporter combinations listed in the table
above, the cash deposit rate is equal to
the estimated weighted-average
dumping margin listed for that
combination in the table; (2) for all
combinations of China producers/
exporters of merchandise under
consideration that have not established
eligibility for their own separate rates,
the cash deposit rate will be equal to the
estimated weighted-average dumping
margin established for the China-wide
entity; and (3) for all third-country
exporters of merchandise under
consideration not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the China
producer/exporter combination (or the
China-wide entity) that supplied that
third-country exporter.
As described in the Preliminary
Decision Memorandum, in this
preliminary determination, no
adjustments pursuant to section 777A(f)
and 772(c)(1)(C) of the Act are being
made for cash deposit purposes.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
VerDate Sep<11>2014
20:30 Mar 27, 2018
Jkt 244001
days of its 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). However,
because Commerce preliminarily
applied AFA to the individually
examined company participating in this
investigation, in accordance with
section 776 of the Act, and the applied
AFA rate is based solely on the petition,
there are no calculations to disclose.
Verification
Because the mandatory respondents
in this investigation did not provide
information requested by Commerce
and Commerce preliminarily determines
each of the mandatory respondents to
have been uncooperative, verification
will not be conducted.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of the
preliminary determination, unless the
Secretary 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.9 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.
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
13245
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, Commerce will make its
final determination no later than 75
days after the signature date 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 of sales at
LTFV. 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 imports of the subject
merchandise 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.
E:\FR\FM\28MRN1.SGM
28MRN1
13246
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
daltland on DSKBBV9HB2PROD with NOTICES
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
VerDate Sep<11>2014
20:30 Mar 27, 2018
Jkt 244001
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.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\28MRN1.SGM
28MRN1
Agencies
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13244-13246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06153]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-064]
Stainless Steel Flanges From People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that stainless steel flanges from People's Republic of China (China)
are being, or are likely to be, sold in the United States at less than
fair value (LTFV) during the period of investigation (POI) January 1,
2017, through June 30, 2017.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT: Trenton Duncan or Carrie Bethea, 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) 482-3539 or (202)
482-1491, 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.\2\ Commerce has exercised its
discretion to toll deadlines for the duration of the closure of the
Federal Government from January 20 through 22, 2018.\3\ 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 preliminary determination of this investigation is now
March 19, 2018.
---------------------------------------------------------------------------
\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).
\3\ See 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 3 days.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Stainless
Steel Flanges from 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 to this notice.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (scope).\6\ No interested party
commented 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. See the scope in
Appendix I to this notice.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\6\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act,
Commerce preliminarily has relied upon facts otherwise available, with
adverse inferences, for mandatory respondent, Shanxi Guanjiaying Flange
Forging Group Co., Ltd (GJY). Hydro-Fluids Controls Limited (HFC),
Songhai Flange Manufacturing Co., Ltd (Songhai), and Dongtai QB
Stainless Steel Co., Ltd (Dongtai) were also selected as mandatory
respondents, however, these companies withdrew from participation in
this investigation and did not respond to our requests for information.
Therefore, HFC, Songhai, and Dongtai have not demonstrated their
eligibility for a separate rate and Commerce considers them to be part
of the China-wide entity. For a full description of the methodology
underlying Commerce's preliminary determination, see the Preliminary
Decision Memorandum.
Combination Rates
In the Initiation Notice,\7\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\8\ Because Commerce used total facts
otherwise available with adverse inferences in determining the rate for
the only respondent that demonstrated eligibility for a separate rate
in this investigation, GJY, Commerce did not calculate producer/
exporter combination rates for that company.
---------------------------------------------------------------------------
\7\ See Initiation Notice at 42652-53.
\8\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
[[Page 13245]]
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
Exporter average
dumping margin
(percent)
------------------------------------------------------------------------
Shanxi Guanjiaying Flange Forging Group Co., Ltd........ 257.11
China-wide Entity....................................... 257.11
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
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,
as discussed below. 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 weighted average amount by which normal value
exceeds U.S. price, as indicated in the chart above as follows: (1) For
the producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
China producers/exporters of merchandise under consideration that have
not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
country exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the China producer/exporter combination (or the China-wide entity)
that supplied that third-country exporter.
As described in the Preliminary Decision Memorandum, in this
preliminary determination, no adjustments pursuant to section 777A(f)
and 772(c)(1)(C) of the Act are being made for cash deposit purposes.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of its 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). However, because Commerce
preliminarily applied AFA to the individually examined company
participating in this investigation, in accordance with section 776 of
the Act, and the applied AFA rate is based solely on the petition,
there are no calculations to disclose.
Verification
Because the mandatory respondents in this investigation did not
provide information requested by Commerce and Commerce preliminarily
determines each of the mandatory respondents to have been
uncooperative, verification will not be conducted.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination,
unless the Secretary 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.\9\ 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.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
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.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
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 of sales at LTFV. 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 imports of the subject merchandise 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 13246]]
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
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