Countervailing Duty Investigation of Stainless Steel Flanges From the People's Republic of China: Final Affirmative Determination, 15790-15791 [2018-07587]

Download as PDF 15790 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices Postponement of Preliminary Determinations Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act) requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1)(A) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if a petitioner makes a timely request for a postponement. Under 19 CFR 351.205(e), a petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reason for the request. Commerce will grant the request unless it finds compelling reasons to deny the request.2 On March 27, 2018, Alliance Rubber Co. (the petitioner) submitted a timely request, pursuant to section 703(c)(1)(A) of the Act and 19 CFR 351.205(e), to postpone fully the preliminary determinations.3 The petitioner stated that the purpose of its request is to provide Commerce with adequate time to analyze fully ‘questionnaire responses to determine the extent to which countervailable subsidies are used by the respondents.4 In accordance with 19 CFR 351.205(e), the petitioner stated the reason for requesting a postponement of the preliminary determinations and the record does not present any compelling reasons to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determinations to July 2, 2018.5 In accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). 2 See 19 CFR 351.205(e). Letter from the petitioner, ‘‘Petitioner’s Request for Postponement of the Preliminary Determinations,’’ dated March 27, 2018. 4 Id. at 2. 5 The actual deadline is June 30, 2018, which is a Saturday. Commerce’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). sradovich on DSK3GMQ082PROD with NOTICES 3 See VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 Dated: April 6, 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. [FR Doc. 2018–07588 Filed 4–11–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–065] Countervailing Duty Investigation of Stainless Steel Flanges From the People’s Republic of China: Final Affirmative Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers/exporters of stainless steel flanges from the People’s Republic of China (China). The period of investigation is January 1, 2016, through December 31, 2016. DATES: Applicable April 12, 2018. FOR FURTHER INFORMATION CONTACT: Justin Neuman or Jerry Huang, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–0486 or (202) 482–4047, respectively. AGENCY: Background The Preliminary Determination in this investigation was published on January 23, 2018.1 Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. As a result, the revised deadline for the final determination of this investigation is now April 4, 2018.2 We invited interested parties to comment on the Preliminary Determination. However, we received 1 See Countervailing Duty Investigation of Stainless Steel Flanges from the People’s Republic of China: Preliminary Affirmative Determination, 83 FR 3124 (January 23, 2018) (Preliminary Determination). 2 See Memorandum, ‘‘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. Frm 00007 Fmt 4703 Sfmt 4703 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 the Appendix to this notice. Analysis of Subsidy Programs and Comments Received As noted above, we received no comments pertaining to the Preliminary Determination. As stated in the Preliminary Determination, we found that the mandatory respondents in these investigations, Bothwell (Jiangyan) Steel Fittings Co., Ltd.; Hydro Fluids Controls Limited; Jiangyin Shengda Brite Line Kasugai Flange Co., Ltd.; and Qingdao IFlow Co., Ltd.; did not cooperate to the best of their abilities and, accordingly, we determined it appropriate to apply facts otherwise available with adverse inferences, in accordance with section 776(a)–(b) of the Tariff Act of 1930, as amended (the Act).3 For the purposes of the final determination, Commerce has made no changes to the Preliminary Determination. All-Others Rate As discussed in the Preliminary Determination, Commerce based the selection of the ‘‘All-Others’’ rate on the countervailable subsidy rate established for the mandatory respondents in accordance with section 705(c)(5)(A)(ii) of the Act.4 We made no changes to the selection of this rate for this final determination. Final Determination Commerce determines that the following estimated countervailable subsidy rates exist: SUPPLEMENTARY INFORMATION: PO 00000 no comments from any interested parties. Company Bothwell (Jiangyan) Steel Fittings Co., Ltd ........................... Hydro-Fluids Controls Limited .... Jiangyin Shengda Brite Line Kasugai Flange Co., Ltd ......... Qingdao I-Flow Co., Ltd ............. All-Others .................................... Subsidy rate (percent) 174.73 174.73 174.73 174.73 174.73 Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to section 703(d)(1)(B) and (d)(2) of the Act, Commerce directed U.S. Customs and 3 See Preliminary Determination, 83 FR at 3124– 3125. 4 Id., 83 FR at 3125. E:\FR\FM\12APN1.SGM 12APN1 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 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. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order, will continue the suspension of liquidation under section 706(a) of the Act, and will require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. International Trade Commission Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. sradovich on DSK3GMQ082PROD with NOTICES Notification Regarding Administrative Protective Orders In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c). VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 Dated: April 4, 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—Scope of the Investigation The products covered by this investigation are certain forged stainless steel flanges, whether unfinished, semi-finished, or finished (certain forged stainless steel flanges). Certain forged stainless steel flanges are generally manufactured to, but not limited to, the material specification of ASTM/ASME A/SA182 or comparable domestic or foreign specifications. Certain forged stainless steel flanges are made in various grades such as, but not limited to, 304, 304L, 316, and 316L (or combinations thereof). The term ‘‘stainless steel’’ used in this scope refers to an alloy steel containing, by actual weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. Unfinished stainless steel flanges possess the approximate shape of finished stainless steel flanges and have not yet been machined to final specification after the initial forging or like operations. These machining processes may include, but are not limited to, boring, facing, spot facing, drilling, tapering, threading, beveling, heating, or compressing. Semi-finished stainless steel flanges are unfinished stainless steel flanges that have undergone some machining processes. The scope includes six general types of flanges. They are: (1) Weld neck, generally used in butt-weld line connection; (2) threaded, generally used for threaded line connections; (3) slip-on, generally used to slide over pipe; (4) lap joint, generally used with stub-ends/butt-weld line connections; (5) socket weld, generally used to fit pipe into a machine recession; and (6) blind, generally used to seal off a line. The sizes and descriptions of the flanges within the scope include all pressure classes of ASME B16.5 and range from one-half inch to twenty-four inches nominal pipe size. Specifically excluded from the scope of these orders are cast stainless steel flanges. Cast stainless steel flanges generally are manufactured to specification ASTM A351. The country of origin for certain forged stainless steel flanges, whether unfinished, semi-finished, or finished is the country where the flange was forged. Subject merchandise includes stainless steel flanges as defined above that have been further processed in a third country. The processing includes, but is not limited to, boring, facing, spot facing, drilling, tapering, threading, beveling, heating, or compressing, and/or any other processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the stainless steel flanges. Merchandise subject to the investigation is typically imported under headings 7307.21.1000 and 7307.21.5000 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings and ASTM specifications are provided for convenience and customs purposes, the PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 15791 written description of the scope is dispositive. [FR Doc. 2018–07587 Filed 4–11–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG142 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that three exempted fishing permit applications contain all of the required information and warrant further consideration. These exempted fishing permits would authorize five commercial fishing vessels to test the economic viability of using hook gear to selectively target pollock and haddock in the Western Gulf of Maine and Cashes Ledge Closure Areas (excluding the Cashes Ledge Habitat Management Area), and to temporarily retain undersized catch for measurement and data collection. Regulations under the MagnusonStevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed exempted fishing permits. DATES: Comments must be received on or before April 27, 2018. ADDRESSES: You may submit written comments by any of the following methods: • Email: NMFS.GAR.EFP@noaa.gov. Include in the subject line ‘‘Comments on EFP Applications for Hook Gear Access to WGOM and Cashes Ledge Closure Areas.’’ • Mail: Michael Pentony, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘Comments on EFP Applications for Hook Gear Access to WGOM and Cashes Ledge Closure Areas.’’ SUMMARY: E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Notices]
[Pages 15790-15791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07587]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-065]


Countervailing Duty Investigation of Stainless Steel Flanges From 
the People's Republic of China: Final Affirmative Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers/exporters of 
stainless steel flanges from the People's Republic of China (China). 
The period of investigation is January 1, 2016, through December 31, 
2016.

DATES: Applicable April 12, 2018.

FOR FURTHER INFORMATION CONTACT: Justin Neuman or Jerry Huang, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-0486 or (202) 482-4047, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Preliminary Determination in this investigation was published 
on January 23, 2018.\1\ Commerce exercised its discretion to toll all 
deadlines affected by the closure of the Federal Government from 
January 20 through 22, 2018. As a result, the revised deadline for the 
final determination of this investigation is now April 4, 2018.\2\ We 
invited interested parties to comment on the Preliminary Determination. 
However, we received no comments from any interested parties.
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Investigation of Stainless Steel 
Flanges from the People's Republic of China: Preliminary Affirmative 
Determination, 83 FR 3124 (January 23, 2018) (Preliminary 
Determination).
    \2\ See Memorandum, ``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.
---------------------------------------------------------------------------

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 the Appendix to this notice.

Analysis of Subsidy Programs and Comments Received

    As noted above, we received no comments pertaining to the 
Preliminary Determination. As stated in the Preliminary Determination, 
we found that the mandatory respondents in these investigations, 
Bothwell (Jiangyan) Steel Fittings Co., Ltd.; Hydro Fluids Controls 
Limited; Jiangyin Shengda Brite Line Kasugai Flange Co., Ltd.; and 
Qingdao I-Flow Co., Ltd.; did not cooperate to the best of their 
abilities and, accordingly, we determined it appropriate to apply facts 
otherwise available with adverse inferences, in accordance with section 
776(a)-(b) of the Tariff Act of 1930, as amended (the Act).\3\ For the 
purposes of the final determination, Commerce has made no changes to 
the Preliminary Determination.
---------------------------------------------------------------------------

    \3\ See Preliminary Determination, 83 FR at 3124-3125.
---------------------------------------------------------------------------

All-Others Rate

    As discussed in the Preliminary Determination, Commerce based the 
selection of the ``All-Others'' rate on the countervailable subsidy 
rate established for the mandatory respondents in accordance with 
section 705(c)(5)(A)(ii) of the Act.\4\ We made no changes to the 
selection of this rate for this final determination.
---------------------------------------------------------------------------

    \4\ Id., 83 FR at 3125.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following estimated countervailable 
subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Bothwell (Jiangyan) Steel Fittings Co., Ltd.................      174.73
Hydro-Fluids Controls Limited...............................      174.73
Jiangyin Shengda Brite Line Kasugai Flange Co., Ltd.........      174.73
Qingdao I-Flow Co., Ltd.....................................      174.73
All-Others..................................................      174.73
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
section 703(d)(1)(B) and (d)(2) of the Act, Commerce directed U.S. 
Customs and

[[Page 15791]]

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.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order, will 
continue the suspension of liquidation under section 706(a) of the Act, 
and will require a cash deposit of estimated countervailing duties for 
such entries of subject merchandise in the amounts indicated above. If 
the ITC determines that material injury, or threat of material injury, 
does not exist, this proceeding will be terminated and all estimated 
duties deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its determination. In addition, we are making available to 
the ITC all non-privileged and non-proprietary information related to 
this investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act and 19 CFR 351.210(c).

    Dated: April 4, 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--Scope of the Investigation

    The products covered by this investigation are certain forged 
stainless steel flanges, whether unfinished, semi-finished, or 
finished (certain forged stainless steel flanges). Certain forged 
stainless steel flanges are generally manufactured to, but not 
limited to, the material specification of ASTM/ASME A/SA182 or 
comparable domestic or foreign specifications. Certain forged 
stainless steel flanges are made in various grades such as, but not 
limited to, 304, 304L, 316, and 316L (or combinations thereof). The 
term ``stainless steel'' used in this scope refers to an alloy steel 
containing, by actual weight, 1.2 percent or less of carbon and 10.5 
percent or more of chromium, with or without other elements.
    Unfinished stainless steel flanges possess the approximate shape 
of finished stainless steel flanges and have not yet been machined 
to final specification after the initial forging or like operations. 
These machining processes may include, but are not limited to, 
boring, facing, spot facing, drilling, tapering, threading, 
beveling, heating, or compressing. Semi-finished stainless steel 
flanges are unfinished stainless steel flanges that have undergone 
some machining processes.
    The scope includes six general types of flanges. They are: (1) 
Weld neck, generally used in butt-weld line connection; (2) 
threaded, generally used for threaded line connections; (3) slip-on, 
generally used to slide over pipe; (4) lap joint, generally used 
with stub-ends/butt-weld line connections; (5) socket weld, 
generally used to fit pipe into a machine recession; and (6) blind, 
generally used to seal off a line. The sizes and descriptions of the 
flanges within the scope include all pressure classes of ASME B16.5 
and range from one-half inch to twenty-four inches nominal pipe 
size. Specifically excluded from the scope of these orders are cast 
stainless steel flanges. Cast stainless steel flanges generally are 
manufactured to specification ASTM A351.
    The country of origin for certain forged stainless steel 
flanges, whether unfinished, semi-finished, or finished is the 
country where the flange was forged. Subject merchandise includes 
stainless steel flanges as defined above that have been further 
processed in a third country. The processing includes, but is not 
limited to, boring, facing, spot facing, drilling, tapering, 
threading, beveling, heating, or compressing, and/or any other 
processing that would not otherwise remove the merchandise from the 
scope of the investigations if performed in the country of 
manufacture of the stainless steel flanges.
    Merchandise subject to the investigation is typically imported 
under headings 7307.21.1000 and 7307.21.5000 of the Harmonized 
Tariff Schedule of the United States (HTSUS). While HTSUS 
subheadings and ASTM specifications are provided for convenience and 
customs purposes, the written description of the scope is 
dispositive.

[FR Doc. 2018-07587 Filed 4-11-18; 8:45 am]
 BILLING CODE 3510-DS-P