Stainless Steel Flanges From India: Countervailing Duty Order, 50336-50338 [2018-21732]
Download as PDF
50336
Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices
Dated: October 1, 2018.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2018–21724 Filed 10–4–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Proposed Information Collection;
Comment Request; Procedures for
Submitting Rebuttals and Surrebuttals
Requests for Exclusions From and
Objections to the Section 232 National
Security Adjustments of Imports of
Steel and Aluminum
Bureau of Industry and
Security. U.S. Department of Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: To ensure consideration, written
comments must be submitted on or
before December 4, 2018.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, 1401
Constitution Avenue NW, Room 6616,
Washington, DC 20230 (or via the
internet at docpra@doc.gov.)
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Mark Crace, BIS ICB Liaison,
(202) 482–8093 or at mark.crace@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
I. Abstract
On September 11, 2018, Bureau of
Industry and Security (BIS) published a
second interim final rule, Revisions to
the Requirements for Submissions
Requesting Exclusions from the
Remedies Instituted in Presidential
Proclamations Adjusting Imports of
Steel into the United States and
Adjusting Imports of Aluminum into the
United States; and the filing of
Objections to Submitted Exclusion
Requests for Steel and Aluminum. This
second interim final rule that was
published by BIS, on behalf of the
Secretary, made changes to the two
supplements added in the March 19
rule: Supplement No. 1 to Part 705—
VerDate Sep<11>2014
17:11 Oct 04, 2018
Jkt 247001
Requirements for Submissions
Requesting Exclusions from the
Remedies Instituted in Presidential
Proclamation 9705 of March 8, 2018
Adjusting Imports of Steel Articles into
the United States; and to Supplement
No. 2 to Part 705—Requirements for
Submissions Requesting Exclusions
from the Remedies Instituted in
Presidential Proclamation 9704 of
March 8, 2018 to Adjusting Imports of
Aluminum into the United States.
This collection of information gives
U.S. Companies the opportunity to
submit rebuttals to objections received
on posted exclusion requests and also
allows U.S. companies the opportunity
to submit surrebuttals for objections
they submitted that receive rebuttals
under the Section 232 exclusion
process.
Adding a rebuttal and surrebuttal
process is an important step in further
improving the exclusion request and
objection process for requesting
exclusions from the remedies instituted
by the President. These voluntary
rebuttals and surrebuttals will allow the
U.S. Government to better evaluate
whether an exclusion request should be
granted based on the information
provided in an exclusion request and
taking into account any objections to a
submitted exclusion request, rebuttals,
and surrebuttals. Many commenters on
the March 19 rule, referenced above,
requested the Department make this
type of a change to ensure that the
process was fair and the Department
had all of the relevant information when
an objection to an exclusion request
received a rebuttal or a surrebuttal was
received.
II. Method of Collection
Submitted Electronically.
Frm 00006
Fmt 4703
Sfmt 4703
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer.
[FR Doc. 2018–21695 Filed 10–4–18; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
III. Data
OMB Control Number: 0694–0141.
Form Number(s): 0694–0141.
Type of Review: Regular Submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
62,823.
Estimated Total Annual Burden
Hours: 62,823.
Estimated Time per Response: 1 hour.
Estimated Total Annual Cost to
Public: $0. (This is not the cost of
respondents’ time, but the indirect costs
respondents may incur for such things
as purchases of specialized software or
hardware needed to report, or
expenditures for accounting or records
maintenance services required
specifically by the collection.)
Respondent’s Obligation: Voluntary.
Legal Authority: Section 232 of the
Trade Expansion Act of 1962,
PO 00000
Presidential Proclamations 9704 and
9705.
This information collection request
may be viewed on the U.S. Department
of Commerce website and the
Department’s responses to clause to
exclusion requests at reginfo.gov https://
www.reginfo.gov/public/. Follow the
instructions to view Department of
Commerce collections currently under
review by OMB.
International Trade Administration
[C–533–878]
Stainless Steel Flanges From India:
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing a countervailing
duty order (CVD) on stainless steel
flanges from India.
DATES: Applicable October 5, 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
AGENCY:
E:\FR\FM\05OCN1.SGM
05OCN1
Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5260 or
(202) 482–1979, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.210(c), on August
16, 2018, Commerce published its
affirmative final determination that
countervailable subsidies are being
provided to producers and exporters of
stainless steel flanges from India.1
On September 28, 2018, the ITC
notified Commerce of its final
affirmative determination, pursuant to
section 705(d) of the Act, that an
industry in the United States is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act, by
reason of subsidized imports of subject
merchandise from India.2 Further, the
ITC determined that critical
circumstances do not exist with respect
to imports of stainless steel flanges from
India.
Scope of the Order
The product covered by this order is
stainless steel flanges from India. For a
complete description of the scope of this
order, see the Appendix to this notice.
Countervailing Duty Order
As stated above, on September 28,
2018, in accordance with sections
705(b)(1)A(i) and 705(d) of the Act, the
ITC notified Commerce of its final
determination in this investigation, in
which it found that an industry in the
United States is materially injured by
reason of imports of stainless steel
flanges from India.3 Therefore, in
accordance with section 705(c)(2) of the
Act, Commerce is issuing this
countervailing duty order. Because the
ITC determined that imports of stainless
steel flanges from India are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from India,
entered or withdrawn from warehouse
for consumption, are subject to
assessment of countervailing duties.
Therefore, in accordance with section
706(a) of the Act, Commerce will direct
U.S. Customs and Border Protection
daltland on DSKBBV9HB2PROD with NOTICES
1 See
Stainless Steel Flanges from India: Final
Affirmative Countervailing Duty Determination and
Final Affirmative Determination of Critical
Circumstances, 83 FR 40748 (August 16, 2018)
(Final Determination) and the accompanying Issues
and Decision Memorandum.
2 See Letter to Gary Taverman, Acting Assistant
Secretary of Commerce for Enforcement and
Compliance, from David S. Johanson, Chairman of
the U.S. International Trade Commission, regarding
Stainless Steel Flanges from India (September 28,
2018) (ITC Letter).
3 See ITC Letter.
VerDate Sep<11>2014
17:11 Oct 04, 2018
Jkt 247001
(CBP) to assess, upon further instruction
by Commerce, countervailing duties for
all relevant entries of stainless steel
flanges from India. Countervailing
duties will be assessed on unliquidated
entries of stainless steel flanges from
India entered, or withdrawn from
warehouse for consumption on or after
January 23, 2018, the date of publication
of the Preliminary Determination.4
Continuation of Suspension of
Liquidation
In accordance with section 706 of the
Act, Commerce will instruct CBP to
suspend liquidation on all relevant
entries of stainless steel flanges from
India, as further described below. These
instructions suspending liquidation will
remain in effect until further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
amounts as indicated below.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, a cash deposit
equal to the subsidy rates listed below.5
The all-others rate applies to all
producers or exporters not specifically
listed below, as appropriate.
Subsidy
rate
(percent)
Company
Bebitz Flanges Works Private Limited ..
Echjay Forgings Private Limited ...........
All Others ..............................................
256.16
4.92
4.92
Provisional Measures
Section 703(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months. In the underlying
investigations, Commerce published the
Preliminary Determination on January
23, 2018. As such, the four-month
period beginning on the date of
publication of the Preliminary
Determination ended on May 22, 2018.
Furthermore, section 707(b) of the Act
states that definitive duties are to begin
4 See Countervailing Duty Investigation of
Stainless Steel Flanges from India: Preliminary
Affirmative Countervailing Duty Determination,
Preliminary Affirmative and Alignment of Final
Determination with Final Antidumping Duty
Determination, 83 CFR 3118 (January 23, 2018)
(Preliminary Determination) and the accompanying
Preliminary Decision Memorandum. However, as
described further below, countervailing duties will
not be assessed on merchandise entered, or
withdrawn for consumption, during the period of
time between the expiration of provisional
measures and the publication of the ITC’s final
injury determination in the Federal Register.
5 See section 706(a)(3) of the Act.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
50337
on the date of the publication of the
ITC’s final injury determination.
Therefore, in accordance with section
703(d) of the Act and our practice, we
instructed CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
countervailing duties, unliquidated
entries of stainless steel flanges from
India entered, or withdrawn from
warehouse, for consumption, on or after
May 22, 2018, the date the provisional
measures expired, until and through the
day preceding the date of publication of
the ITC’s final injury determination in
the Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC’s final
determination in the Federal Register.
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of stainless steel flanges from
India, we will instruct CBP to lift
suspension and to refund any cash
deposits made to secure the payment of
estimated countervailing duties with
respect to entries of the subject
merchandise ordered, or withdrawn
from warehouse, for consumption on or
after October 25, 2017 (i.e., 90 days prior
to the date of the publication of the
Preliminary Determination), but before
January 23, 2018 (i.e., the date of
publication of the Preliminary
Determination).
Notification to Interested Parties
This notice constitutes the
countervailing duty order with respect
to stainless steel flanges from India
pursuant to section 706(a) of the Act.
Interested parties can find a list of
countervailing duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This order is issued and published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: October 1, 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 Order
The products covered by this order 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
E:\FR\FM\05OCN1.SGM
05OCN1
50338
Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices
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/buttweld 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 order 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 order if performed in the country of
manufacture of the stainless steel flanges.
Merchandise subject to the order is
typically imported under headings
7307.21.1000 and 7307.21.5000 of the
Harmonized Tariff Schedule of the United
States (HTS). While HTS subheadings and
ASTM specifications are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
daltland on DSKBBV9HB2PROD with NOTICES
[FR Doc. 2018–21732 Filed 10–4–18; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
17:11 Oct 04, 2018
Jkt 247001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–908]
Sodium Hexametaphosphate From the
People’s Republic of China: Final
Results of the Expedited Second
Sunset Review of the Antidumping
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(Commerce) finds that revocation of the
antidumping duty order on sodium
hexametaphosphate (SHMP) from the
People’s Republic of China (China)
would be likely to lead to continuation
or recurrence of dumping at the level
indicated in the ‘‘Final Results of Sunset
Review’’ section of this notice.
DATES: Applicable October 5, 2018.
FOR FURTHER INFORMATION CONTACT:
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) 482–4877.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 19, 2008, Commerce
published the antidumping duty order
on SHMP from China.1 On June 1, 2018,
Commerce published the notice of
initiation of the second sunset review of
the antidumping duty order on SHMP
from China, pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(the Act).2 On June 8, 2018, Commerce
received a notice of intent to participate
from ICL Specialty Products, Inc. and
Innophos, Inc. (collectively, the
Petitioners) as domestic interested
parties, within the deadline specified in
19 CFR 351.218(d)(1)(i).3
On July 2, 2018, we received a
complete substantive response for the
review from the domestic interested
parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).4
We received no substantive responses
1 See
Notice of Antidumping Duty Order: Sodium
Hexametaphosphate from the People’s Republic of
China, 73 FR 14772 (March 19, 2008) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 83
FR 25436 (June 1, 2018).
3 See Petitioners’ Letter, ‘‘Sodium
Hexametaphosphate from China: Notice of Intent to
Participate,’’ dated June 8, 2018.
4 See Petitioners’ Letter, ‘‘Sodium
Hexametaphosphate (SHMP) from China:
Substantive Response to Notice of Initiation of FiveYear (Sunset) Review of the Antidumping Order,’’
dated July 2, 2018.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
from respondent interested parties with
respect to the order covered by this
sunset review, nor was a hearing
requested. Pursuant to section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce is
conducting an expedited (120-day)
sunset review of this order.
Scope of the Order
The merchandise subject to the order
is SHMP. For a complete description of
the scope of this order, see the
accompanying Issues and Decision
Memorandum.5
Analysis of Comments Received
All issues raised in this review,
including the likelihood of continuation
or recurrence of dumping in the event
of revocation and the magnitude of the
margin likely to prevail if the order was
revoked, are addressed in the
accompanying Issues and Decision
Memorandum. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and 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 on the internet at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
Decision Memorandum are identical in
content.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, we
determine that revocation of the
antidumping duty order on SHMP from
China would likely lead to continuation
or recurrence of dumping and that the
magnitude of the dumping margins
likely to prevail would be the weightedaverage dumping margins up to the
following weighted-average dumping
margin: 188.05.
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
5 See Memorandum, ‘‘Second Expedited Sunset
Review of the Antidumping Duty Order on Sodium
Hexametaphosphate from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
E:\FR\FM\05OCN1.SGM
05OCN1
Agencies
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50336-50338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21732]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-878]
Stainless Steel Flanges From India: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final determinations by the
Department of Commerce (Commerce) and the International Trade
Commission (ITC), Commerce is issuing a countervailing duty order (CVD)
on stainless steel flanges from India.
DATES: Applicable October 5, 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
[[Page 50337]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5260
or (202) 482-1979, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.210(c), on August 16, 2018, Commerce
published its affirmative final determination that countervailable
subsidies are being provided to producers and exporters of stainless
steel flanges from India.\1\
---------------------------------------------------------------------------
\1\ See Stainless Steel Flanges from India: Final Affirmative
Countervailing Duty Determination and Final Affirmative
Determination of Critical Circumstances, 83 FR 40748 (August 16,
2018) (Final Determination) and the accompanying Issues and Decision
Memorandum.
---------------------------------------------------------------------------
On September 28, 2018, the ITC notified Commerce of its final
affirmative determination, pursuant to section 705(d) of the Act, that
an industry in the United States is materially injured within the
meaning of section 705(b)(1)(A)(i) of the Act, by reason of subsidized
imports of subject merchandise from India.\2\ Further, the ITC
determined that critical circumstances do not exist with respect to
imports of stainless steel flanges from India.
---------------------------------------------------------------------------
\2\ See Letter to Gary Taverman, Acting Assistant Secretary of
Commerce for Enforcement and Compliance, from David S. Johanson,
Chairman of the U.S. International Trade Commission, regarding
Stainless Steel Flanges from India (September 28, 2018) (ITC
Letter).
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is stainless steel flanges from
India. For a complete description of the scope of this order, see the
Appendix to this notice.
Countervailing Duty Order
As stated above, on September 28, 2018, in accordance with sections
705(b)(1)A(i) and 705(d) of the Act, the ITC notified Commerce of its
final determination in this investigation, in which it found that an
industry in the United States is materially injured by reason of
imports of stainless steel flanges from India.\3\ Therefore, in
accordance with section 705(c)(2) of the Act, Commerce is issuing this
countervailing duty order. Because the ITC determined that imports of
stainless steel flanges from India are materially injuring a U.S.
industry, unliquidated entries of such merchandise from India, entered
or withdrawn from warehouse for consumption, are subject to assessment
of countervailing duties.
---------------------------------------------------------------------------
\3\ See ITC Letter.
---------------------------------------------------------------------------
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties for all relevant
entries of stainless steel flanges from India. Countervailing duties
will be assessed on unliquidated entries of stainless steel flanges
from India entered, or withdrawn from warehouse for consumption on or
after January 23, 2018, the date of publication of the Preliminary
Determination.\4\
---------------------------------------------------------------------------
\4\ See Countervailing Duty Investigation of Stainless Steel
Flanges from India: Preliminary Affirmative Countervailing Duty
Determination, Preliminary Affirmative and Alignment of Final
Determination with Final Antidumping Duty Determination, 83 CFR 3118
(January 23, 2018) (Preliminary Determination) and the accompanying
Preliminary Decision Memorandum. However, as described further
below, countervailing duties will not be assessed on merchandise
entered, or withdrawn for consumption, during the period of time
between the expiration of provisional measures and the publication
of the ITC's final injury determination in the Federal Register.
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will instruct
CBP to suspend liquidation on all relevant entries of stainless steel
flanges from India, as further described below. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to the
amounts as indicated below. Accordingly, effective on the date of
publication of the ITC's final affirmative injury determination, CBP
will require, at the same time as importers would normally deposit
estimated duties on this subject merchandise, a cash deposit equal to
the subsidy rates listed below.\5\ The all-others rate applies to all
producers or exporters not specifically listed below, as appropriate.
---------------------------------------------------------------------------
\5\ See section 706(a)(3) of the Act.
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Bebitz Flanges Works Private Limited........................ 256.16
Echjay Forgings Private Limited............................. 4.92
All Others.................................................. 4.92
------------------------------------------------------------------------
Provisional Measures
Section 703(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months. In the underlying investigations, Commerce
published the Preliminary Determination on January 23, 2018. As such,
the four-month period beginning on the date of publication of the
Preliminary Determination ended on May 22, 2018. Furthermore, section
707(b) of the Act states that definitive duties are to begin on the
date of the publication of the ITC's final injury determination.
Therefore, in accordance with section 703(d) of the Act and our
practice, we instructed CBP to terminate the suspension of liquidation
and to liquidate, without regard to countervailing duties, unliquidated
entries of stainless steel flanges from India entered, or withdrawn
from warehouse, for consumption, on or after May 22, 2018, the date the
provisional measures expired, until and through the day preceding the
date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determination in the Federal Register.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of stainless steel flanges from India, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated countervailing duties with respect to
entries of the subject merchandise ordered, or withdrawn from
warehouse, for consumption on or after October 25, 2017 (i.e., 90 days
prior to the date of the publication of the Preliminary Determination),
but before January 23, 2018 (i.e., the date of publication of the
Preliminary Determination).
Notification to Interested Parties
This notice constitutes the countervailing duty order with respect
to stainless steel flanges from India pursuant to section 706(a) of the
Act. Interested parties can find a list of countervailing duty orders
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: October 1, 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 Order
The products covered by this order 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
[[Page 50338]]
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 order 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 order if performed in the country of manufacture of the
stainless steel flanges.
Merchandise subject to the order is typically imported under
headings 7307.21.1000 and 7307.21.5000 of the Harmonized Tariff
Schedule of the United States (HTS). While HTS subheadings and ASTM
specifications are provided for convenience and customs purposes,
the written description of the scope is dispositive.
[FR Doc. 2018-21732 Filed 10-4-18; 8:45 am]
BILLING CODE 3510-DS-P