Stainless Steel Flanges From India: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstance Determination, 40745-40748 [2018-17688]
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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices
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Records generated from this meeting
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Select ‘‘meeting details’’ and then
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Agenda
Welcome and Roll Call
Discussion: Civil Rights in Illinois
Public Comment
Future Plans and Actions
Adjournment
Dated: August 10, 2018.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2018–17643 Filed 8–15–18; 8:45 am]
BILLING CODE P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the Ohio
Advisory Committee to the U.S.
Commission on Civil Rights
U.S. Commission on Civil
Rights.
ACTION: Announcement of meeting.
AGENCY:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act that
the Ohio Advisory Committee
(Committee) will hold a meeting via
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2018, from 9 a.m.–4 p.m. EDT for the
purpose of hearing testimony regarding
civil rights and education funding in the
state.
DATES: The meeting will be held on
Friday September 14, 2018, from 9 a.m.–
4 p.m. EDT.
ADDRESSES: Cleveland State University,
Fenn Tower, 1938 E 24th Street,
Cleveland, OH 44115.
FOR FURTHER INFORMATION CONTACT:
Melissa Wojnaroski, DFO, at
mwojnaroski@usccr.gov or 312–353–
8311.
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SUMMARY:
This
meeting is open to the public. An open
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The Committee intends to examine
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Agenda
Opening Remarks and Introductions
(9:00 a.m.–9:15 a.m.)
Panel 1: Academic (9:15 a.m.–10:45
a.m.)
Panel 2: Private Schools & Public
Charter Schools (11:00 a.m.–12:30
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p.m.)
Break (12:30 p.m.–1:30 p.m.)
Panel 3: Public Schools & Community
(1:30 p.m.–3:00 p.m.)
Open Forum (3:00 p.m.–4:00 p.m.)
Closing Remarks (4:00 p.m.)
Dated: August 13, 2018.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2018–17706 Filed 8–15–18; 8:45 am]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–877]
Stainless Steel Flanges From India:
Final Affirmative Determination of
Sales at Less Than Fair Value and
Final Affirmative Critical Circumstance
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
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 August 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Christian Llinas,
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) 482–7425 or
(202) 482–4877, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 28, 2018, Commerce
published in the Federal Register the
preliminary affirmative determination of
sales at LTFV in the antidumping duty
(AD) investigation of stainless steel
flanges from India.1 The Coalition of
American Flange Producers and its
individual members, Core Pipe
Products, Inc. and Maass Flange
Corporation (collectively, the
petitioners), Chandan Steel Limited
1 See 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, 83 FR 13246
(March 28, 2018) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum
(PDM).
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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices
(Chandan), Bebitz Flanges Works Pvt.
Ltd. (Bebitz) and Echjay Forgings Pvt.
Ltd. (Echjay) (collectively, the
respondents) filed case and rebuttal
briefs. A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the accompanying Issues
and Decision Memorandum.2 The Issues
and Decision Memorandum is a public
document, and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
register 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
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov. The signed and
electronic versions of the Issues and
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.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 As no interested
parties submitted timely comments on
the scope of this investigation, we made
no changes to the scope language as it
appeared in the Initiation Notice.
Final Affirmative Determination of
Critical Circumstances
Period of Investigation
The period of investigation is July 1,
2016, through June 30, 2017.
For the final determination, we
continue to find that critical
circumstances exist with respect to
imports of stainless steel flanges from
Chandan, the Bebitz/Viraj single entity,
the Echjay single entity, and companies
covered by the ‘‘all others’’ rate. Thus,
pursuant to section 735(a)(3) of the Act,
and 19 CFR 351.206, we find that
critical circumstances exist with respect
to subject merchandise produced or
exported by Chandan, the Bebitz/Viraj
single entity, the Echjay single entity,
and ‘‘all others.’’ For further discussion,
see the Issues and Decision
Memorandum at ‘‘Critical
Circumstances.’’
Verification
As provided in section 782(i) of the
Act, between April and May 2018,
Commerce verified the sales and cost
data reported by Chandan. We used
standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
the respondents.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
interested parties in this investigation
are addressed in the Issues and Decision
Memorandum. A list of these issues is
attached to this notice at Appendix II.
Use of Facts Available and Adverse
Facts Available
For purposes of this final
determination, Commerce determined
the Echjay single entity’s 5 and the
Bebitz/Viraj single entity’s 6 margin on
the basis of adverse facts available,
pursuant to sections 776(a)(2)(B)–(C)
and 776(b) of the Act. For further
information, see the Issues and Decision
Memorandum.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our finding at
verification, we made certain changes to
the margin calculations. For a
discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all-others’’
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 or de minimis margins, and any
margins determined entirely under
section 776 of the Act. Because the final
rate determined for the Echjay single
entity and the Bebitz/Viraj single entity
is based entirely on adverse facts
available, we, therefore, based the ‘‘all
others’’ rate on the rate calculated for
Chandan. For a discussion of this
methodology, see the Issues and
Decision Memorandum.
Final Determination Margins
The final estimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter or producer
Chandan ..................................................................................................................................................................
Echjay single entity ..................................................................................................................................................
Bebitz/Viraj single entity ..........................................................................................................................................
All Others .................................................................................................................................................................
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We will disclose the calculations
performed with respect to Chandan’s
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Stainless Steel Flanges from India,’’
dated concurrently with this determination and
hereby adopted by this notice (Issues and Decision
Memorandum or IDM).
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14.29
140.38
145.25
14.29
weighted-average dumping margin to
interested parties within five days of the
public announcement of this final
determination in accordance with 19
Disclosure
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19.16
145.25
145.25
19.16
Cash
deposit rate
(adjusted for
offset(s))
(percent)
CFR 351.224(b). With respect to the
Echjay single entity and the Bebitz/Viraj
single entity, because Commerce relied
on adverse facts available to determine
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice.
5 The Echjay single entity is comprised of Echjay
Forgings Pvt Limited, Echjay Industries Private
Limited, Echjay Forging Industries Private Limited,
and Spire Industries Pvt. Limited.
6 The Bebitz/Viraj single entity is comprised of
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).
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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices
the rate for these entities and selected
the highest petition margin as the
adverse facts available rate, there are no
calculations to disclose.7
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Continuation of Suspension of
Liquidation
For entries made by Chandan, the
Bebitz/Viraj single entity, the Echjay
single entity, and companies covered by
the ‘‘all others’’ rate, in accordance with
section 735(c)(4)(B) of the Act, because
we continue to find that critical
circumstances exist, we will instruct
CBP to continue to suspend liquidation
of all appropriate entries of stainless
steel flanges from India which were
entered, or withdrawn from warehouse,
for consumption on or after December
28, 2017, which is 90 days prior to the
date of publication of the preliminary
determination of this investigation in
the Federal Register.
Commerce will instruct CBP to
require a cash deposit equal to the
estimated amount by which the normal
value exceeds the U.S. price as shown
above. 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. Any such adjusted cash deposit
rate may be found in the ‘‘Final
Determination Margins’’ section, above.
Additionally, pursuant to section
735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP
to require a cash deposit for such entries
of merchandise 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 respondent-specific estimated
weighted-average dumping margin
determined in this final 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 respondent-specific estimated
weighted-average dumping margin
established for that producer of the
subject merchandise; and (3) the cash
deposit rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. The suspension of liquidation
will remain in effect until further notice.
ITC Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. Because the final
determination in this proceeding is
7 See
Issues and Decision Memorandum at 7–8.
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affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, no later than 45 days
after our final determination. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated, and all
cash deposits will be refunded. If the
ITC determines that such injury does
exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to administrative
protective order (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 return/
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a violation subject to sanction.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Notification to Interested Parties
We are issuing and publishing this
determination and notice in accordance
with sections 735(d) and 777(i) of the
Act and 19 CFR 352.210(c).
Dated: August 10, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
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
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this scope refers to an alloy steel containing,
by actual weight, 1.2 percent or less of carbon
and 10.5 percent or more of chromium, with
or without other elements.
Unfinished stainless-steel flanges possess
the approximate shape of finished stainless
steel flanges and have not yet been machined
to final specification after the initial forging
or like operations. These machining
processes may include, but are not limited to,
boring, facing, spot facing, drilling, tapering,
threading, beveling, heating, or compressing.
Semi-finished stainless steel flanges are
unfinished stainless-steel flanges that have
undergone some machining processes.
The scope includes six general types of
flanges. They are: (1) Weld neck, generally
used in butt-weld line connection; (2)
threaded, generally used for threaded line
connections; (3) slip-on, generally used to
slide over pipe; (4) lap joint, generally used
with stub-ends/butt-weld line connections;
(5) socket weld, generally used to fit pipe
into a machine recession; and (6) blind,
generally used to seal off a line. The sizes
and descriptions of the flanges within the
scope include all pressure classes of ASME
B16.5 and range from one-half inch to
twenty-four inches nominal pipe size.
Specifically excluded from the scope of this
investigation are cast stainless steel flanges.
Cast stainless steel flanges generally are
manufactured to specification ASTM A351.
The country of origin for certain forged
stainless-steel flanges, whether unfinished,
semi finished, or finished is the country
where the flange was forged. Subject
merchandise includes stainless steel flanges
as defined above that have been further
processed in a third country. The processing
includes, but is not limited to, boring, facing,
spot facing, drilling, tapering, threading,
beveling, heating, or compressing, and/or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the stainless-steel flanges.
Merchandise subject to this 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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Final Determination of Critical
Circumstances
V. Affiliation and Collapsing
VI. Changes Since the Preliminary
Determination
VII. Use of Adverse Facts Available
VIII. Discussion of the Issues
Comment 1: Application of Total AFA for
Bebitz/Viraj single entity
Comment 2: Collapsing of Echjay and its
Affiliates, and Application of Total AFA
to the Echjay Single Entity
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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices
Comment 3: Product Characteristics used
in the CONNUM Methodology
Comment 4: Application of Partial AFA for
Packing Costs
Comment 5: Home Market Sales Viability
Comment 6: Credit Expenses
Comment 7: Clarification of the Scope of
the Order
Comment 8: Import Duties
Comment 9: G&A Expense Ratio
Calculation
Comment 10: Antidumping Duty Cash
Deposit Rate offset by the Countervailing
Duty Export Subsidy Rate
IX. Conclusion
[FR Doc. 2018–17688 Filed 8–15–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Rescission of the Antidumping
Duty New Shipper Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On July 16, 2018, the United
States Court of International Trade (CIT)
issued a final judgment in Huzhou
Muyun Wood Co., Ltd., LLC. v. United
States ordering the Department of
Commerce (Commerce) to proceed with
Huzhou Muyun Wood Co., Ltd.’s
(Muyun Wood) new shipper review of
the antidumping duty order on
multilayered wood flooring (wood
flooring) from the People’s Republic of
China (China). Commerce is notifying
the public that the final judgment in this
case is not in harmony with the final
rescission of the new shipper review.
SUMMARY:
DATES:
Applicable beginning July 26,
2018.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3147.
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SUPPLEMENTARY INFORMATION:
Background
Muyun Wood is a Chinese producer/
exporter of wood flooring. On June 13,
2015, Huzhou Muyun Wood Co., Ltd.’s
(Muyun Wood) requested a new shipper
review. On July 29, 2015, Commerce
initiated the requested new shipper
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17:15 Aug 15, 2018
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review covering the period of December
1, 2014, through May 31, 2015.1
On October 26, 2016, Commerce
issued the Final Rescission.2 In the
Final Rescission, Commerce determined
that Muyun’s single sale was not bona
fide and, accordingly, rescinded its new
shipper review. Muyun Wood
challenged Commerce’s findings in the
Final Rescission at the CIT.
On December 11, 2017, the CIT
remanded for Commerce to determine
whether Muyun Wood’s sale during the
review period was bona fide.3 In
accordance with the Court’s decision,
Commerce reconsidered its previous
analysis and continued to determine
that Muyun Wood’s single sale was nonbona fide. Specifically, Commerce
considered the following factors
weighed against finding Muyun’s sale
bona fide: (1) The price reported by
Muyun Wood was significantly higher
than the highest comparison sales price
for identical merchandise reported
during a contemporaneous period; (2)
the evidence indicating that Muyun
Wood’s unaffiliated and new customer
did not resell the entirety of the
merchandise at question for a profit; and
(3) the singular nature of the sale.
On July 16, 2018, the CIT held that
Commerce’s ultimate conclusion that
the sale was not bona fide was not
supported by substantial evidence and
that the rescission of the new shipper
review cannot be upheld.4 The CIT
found that the totality of the
circumstances do not support a finding
that the sale was not bona fide, given
that the sales quantity was typical, the
expenses incurred were normal, the sale
was made at arm’s length, the payment
timing was not atypical, and a
substantial majority of the product was
resold for a profit.5 The CIT entered
judgment, ordering Commerce to
proceed with Muyun Wood’s new
shipper review.
Timken Notice
In its decision in Timken, as clarified
by Diamond Sawblades, the CAFC held
that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (the Act),
1 See Multilayered Wood Flooring from the
People’s Republic of China: Initiation of
Antidumping Duty New Shipper Reviews; 2014–
2015, 80 FR 45192 (July 29, 2015).
2 See Multilayered Wood Flooring from the
People’s Republic of China: Rescission of
Antidumping Duty New Shipper Reviews; 2015–
2015, 81 FR 74393 (October 26, 2016) (Final
Rescission).
3 See Huzhou Muyun Wood Co. Ltd. v. United
States, 41 CIT __, 279 F. Supp. 3d 1215 (CIT 2017).
4 See Huzhou Muyun Wood Co., Ltd. v. United
States, 2018 WL 3455350 (CIT July 16, 2018).
5 Id. at *8 (referring to the factors outlined at
section 751(a)(2)(B)(iv) of the Act).
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Commerce must publish a notice of a
court decision that is not ‘‘in harmony’’
with Commerce’s determination and
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision.
The CIT’s July 16, 2018 final judgment,
ordering Commerce to proceed with
Muyun Wood’s new shipper review,
constitutes a final decision of that court
that is not in harmony with the Final
Rescission.6 This notice is published in
fulfillment of the publication
requirements of Timken.
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: August 9, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2018–17562 Filed 8–15–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–878]
Stainless Steel Flanges From India:
Final Affirmative Countervailing Duty
Determination and Final Affirmative
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
stainless steel flanges from India during
the period of investigation January 1,
2016, through December 31, 2016.
DATES: Applicable August 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Ryan Mullen or Chelsey Simonovich,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–5260 or
(202) 482–1979, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 23, 2018, Commerce
published the Preliminary
6 See MLWF Amended Final Determination, 79 FR
21509 (May 2, 2014) (MLWF Amended Final
Determination).
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]]>Agencies
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40745-40748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17688]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-877]
Stainless Steel Flanges From India: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Critical Circumstance Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of 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 August 16, 2018.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Christian
Llinas, 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) 482-7425
or (202) 482-4877, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 2018, Commerce published in the Federal Register the
preliminary affirmative determination of sales at LTFV in the
antidumping duty (AD) investigation of stainless steel flanges from
India.\1\ The Coalition of American Flange Producers and its individual
members, Core Pipe Products, Inc. and Maass Flange Corporation
(collectively, the petitioners), Chandan Steel Limited
[[Page 40746]]
(Chandan), Bebitz Flanges Works Pvt. Ltd. (Bebitz) and Echjay Forgings
Pvt. Ltd. (Echjay) (collectively, the respondents) filed case and
rebuttal briefs. A summary of the events that occurred since Commerce
published the Preliminary Determination, as well as a full discussion
of the issues raised by parties for this final determination, may be
found in the accompanying Issues and Decision Memorandum.\2\ The Issues
and Decision Memorandum is a public document, and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to register 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
Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov. The signed and electronic versions of the Issues
and Decision Memorandum are identical in content.
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\1\ See 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, 83 FR 13246 (March 28, 2018) (Preliminary Determination)
and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Stainless Steel Flanges from India,'' dated
concurrently with this determination and hereby adopted by this
notice (Issues and Decision Memorandum or IDM).
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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,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ As no interested
parties submitted timely comments on the scope of this investigation,
we made no changes to the scope language as it appeared in the
Initiation Notice.
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\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice.
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Period of Investigation
The period of investigation is July 1, 2016, through June 30, 2017.
Verification
As provided in section 782(i) of the Act, between April and May
2018, Commerce verified the sales and cost data reported by Chandan. We
used standard verification procedures, including an examination of
relevant accounting and production records, and original source
documents provided by the respondents.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by interested parties in this investigation are addressed in
the Issues and Decision Memorandum. A list of these issues is attached
to this notice at Appendix II.
Use of Facts Available and Adverse Facts Available
For purposes of this final determination, Commerce determined the
Echjay single entity's \5\ and the Bebitz/Viraj single entity's \6\
margin on the basis of adverse facts available, pursuant to sections
776(a)(2)(B)-(C) and 776(b) of the Act. For further information, see
the Issues and Decision Memorandum.
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\5\ The Echjay single entity is comprised of Echjay Forgings Pvt
Limited, Echjay Industries Private Limited, Echjay Forging
Industries Private Limited, and Spire Industries Pvt. Limited.
\6\ The Bebitz/Viraj single entity is comprised of 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).
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and our finding at
verification, we made certain changes to the margin calculations. For a
discussion of these changes, see the Issues and Decision Memorandum.
Final Affirmative Determination of Critical Circumstances
For the final determination, we continue to find that critical
circumstances exist with respect to imports of stainless steel flanges
from Chandan, the Bebitz/Viraj single entity, the Echjay single entity,
and companies covered by the ``all others'' rate. Thus, pursuant to
section 735(a)(3) of the Act, and 19 CFR 351.206, we find that critical
circumstances exist with respect to subject merchandise produced or
exported by Chandan, the Bebitz/Viraj single entity, the Echjay single
entity, and ``all others.'' For further discussion, see the Issues and
Decision Memorandum at ``Critical Circumstances.''
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all-
others'' 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 or de
minimis margins, and any margins determined entirely under section 776
of the Act. Because the final rate determined for the Echjay single
entity and the Bebitz/Viraj single entity is based entirely on adverse
facts available, we, therefore, based the ``all others'' rate on the
rate calculated for Chandan. For a discussion of this methodology, see
the Issues and Decision Memorandum.
Final Determination Margins
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted- Cash deposit
Exporter or producer average rate (adjusted
dumping margin for offset(s))
(percent) (percent)
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Chandan................................. 19.16 14.29
Echjay single entity.................... 145.25 140.38
Bebitz/Viraj single entity.............. 145.25 145.25
All Others.............................. 19.16 14.29
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Disclosure
We will disclose the calculations performed with respect to
Chandan's weighted-average dumping margin to interested parties within
five days of the public announcement of this final determination in
accordance with 19 CFR 351.224(b). With respect to the Echjay single
entity and the Bebitz/Viraj single entity, because Commerce relied on
adverse facts available to determine
[[Page 40747]]
the rate for these entities and selected the highest petition margin as
the adverse facts available rate, there are no calculations to
disclose.\7\
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\7\ See Issues and Decision Memorandum at 7-8.
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Continuation of Suspension of Liquidation
For entries made by Chandan, the Bebitz/Viraj single entity, the
Echjay single entity, and companies covered by the ``all others'' rate,
in accordance with section 735(c)(4)(B) of the Act, because we continue
to find that critical circumstances exist, we will instruct CBP to
continue to suspend liquidation of all appropriate entries of stainless
steel flanges from India which were entered, or withdrawn from
warehouse, for consumption on or after December 28, 2017, which is 90
days prior to the date of publication of the preliminary determination
of this investigation in the Federal Register.
Commerce will instruct CBP to require a cash deposit equal to the
estimated amount by which the normal value exceeds the U.S. price as
shown above. 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. Any such adjusted cash deposit rate may be
found in the ``Final Determination Margins'' section, above.
Additionally, pursuant to section 735(c)(1)(B)(ii) of the Act and
19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit
for such entries of merchandise 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
respondent-specific estimated weighted-average dumping margin
determined in this final 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 respondent-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. The suspension of liquidation will remain in effect
until further notice.
ITC Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, no
later than 45 days after our final determination. If the ITC determines
that material injury or threat of material injury does not exist, the
proceeding will be terminated, and all cash deposits will be refunded.
If the ITC determines that such injury does exist, Commerce will issue
an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to
administrative protective order (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 return/destruction of APO materials, or conversion to
judicial protective order, is hereby requested. Failure to comply with
the regulations and the terms of an APO is a violation subject to
sanction.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Notification to Interested Parties
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act and 19 CFR
352.210(c).
Dated: August 10, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
Appendix I
Scope of the Investigation
The products covered by this investigation are certain forged
stainless-steel flanges, whether unfinished, semi-finished, or
finished (certain forged stainless-steel flanges). Certain forged
stainless steel flanges are generally manufactured to, but not
limited to, the material specification of ASTM/ASME A/SA182 or
comparable domestic or foreign specifications. Certain forged
stainless steel flanges are made in various grades such as, but not
limited to, 304, 304L, 316, and 316L (or combinations thereof). The
term ``stainless steel'' used in this scope refers to an alloy steel
containing, by actual weight, 1.2 percent or less of carbon and 10.5
percent or more of chromium, with or without other elements.
Unfinished stainless-steel flanges possess the approximate shape
of finished stainless steel flanges and have not yet been machined
to final specification after the initial forging or like operations.
These machining processes may include, but are not limited to,
boring, facing, spot facing, drilling, tapering, threading,
beveling, heating, or compressing. Semi-finished stainless steel
flanges are unfinished stainless-steel flanges that have undergone
some machining processes.
The scope includes six general types of flanges. They are: (1)
Weld neck, generally used in butt-weld line connection; (2)
threaded, generally used for threaded line connections; (3) slip-on,
generally used to slide over pipe; (4) lap joint, generally used
with stub-ends/butt-weld line connections; (5) socket weld,
generally used to fit pipe into a machine recession; and (6) blind,
generally used to seal off a line. The sizes and descriptions of the
flanges within the scope include all pressure classes of ASME B16.5
and range from one-half inch to twenty-four inches nominal pipe
size. Specifically excluded from the scope of this investigation are
cast stainless steel flanges. Cast stainless steel flanges generally
are manufactured to specification ASTM A351.
The country of origin for certain forged stainless-steel
flanges, whether unfinished, semi finished, or finished is the
country where the flange was forged. Subject merchandise includes
stainless steel flanges as defined above that have been further
processed in a third country. The processing includes, but is not
limited to, boring, facing, spot facing, drilling, tapering,
threading, beveling, heating, or compressing, and/or any other
processing that would not otherwise remove the merchandise from the
scope of the investigation if performed in the country of
manufacture of the stainless-steel flanges.
Merchandise subject to this 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Final Determination of Critical Circumstances
V. Affiliation and Collapsing
VI. Changes Since the Preliminary Determination
VII. Use of Adverse Facts Available
VIII. Discussion of the Issues
Comment 1: Application of Total AFA for Bebitz/Viraj single
entity
Comment 2: Collapsing of Echjay and its Affiliates, and
Application of Total AFA to the Echjay Single Entity
[[Page 40748]]
Comment 3: Product Characteristics used in the CONNUM
Methodology
Comment 4: Application of Partial AFA for Packing Costs
Comment 5: Home Market Sales Viability
Comment 6: Credit Expenses
Comment 7: Clarification of the Scope of the Order
Comment 8: Import Duties
Comment 9: G&A Expense Ratio Calculation
Comment 10: Antidumping Duty Cash Deposit Rate offset by the
Countervailing Duty Export Subsidy Rate
IX. Conclusion
[FR Doc. 2018-17688 Filed 8-15-18; 8:45 am]
BILLING CODE 3510-DS-P
