Stainless Steel Flanges From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 60640-60641 [2023-19022]

Download as PDF 60640 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 Disclosure There are no calculations to disclose in accordance with 19 CFR 351.224(b) for these final results. Assessment Rate Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b)(1), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the entered value of its U.S. sales, we calculated importer-specific antidumping duty assessment rates by aggregating the total amount of dumping calculated for the examined sales of each importer and dividing each of these amounts by the total entered value associated with those sales. Where the respondent did not report entered value, we calculated the entered value in order to calculate the assessment rate. Where either the respondent’s weightedaverage dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the company identified as part of the China-wide entity (Zhejiang Quhua), we will instruct CBP to apply an ad valorem assessment rate of 167.02 percent to all POR entries of subject merchandise which was exported by this company. Pursuant to a refinement in our non-market economy practice, for sales that were not reported in the U.S. sales data submitted by Zhejiang Sanmei Chemical Ind. Co., Ltd. during this review, we will instruct CBP to liquidate entries associated with those sales at the rate for the China-wide entity.7 Furthermore, where we found that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s cash deposit rate) will be liquidated at the rate for the Chinawide entity.8 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a 7 See Assessment Practice Refinement, 76 FR at 65694 for a full discussion of this practice. 8 Id. VerDate Sep<11>2014 18:02 Sep 01, 2023 Jkt 259001 statutory injunction has expired (i.e., within 90 days of publication). regulations and the terms of an APO is a sanctionable violation. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rates for the companies identified above in the ‘‘Final Results of Review’’ section will be equal to the company-specific weighted-average dumping margin established in the final results of this administrative review; (2) for previously examined China and nonChina exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding; (3) for all China exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity (i.e., 167.02 percent); and (4) for all non-China exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the China exporter that supplied that non-China exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1). Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Dated: August 28, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Surrogate Country Selection Comment 2: Surrogate Financial Statements Selection Comment 3: TCE Surrogate Value Comment 4: BHF Surrogate Value Comment 5: By-Product Offsets V. Recommendation [FR Doc. 2023–19044 Filed 9–1–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–065] Stainless Steel Flanges From the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on stainless steel flanges from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable September 5, 2023. FOR FURTHER INFORMATION CONTACT: Nathan James, 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) 482–5305. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 5, 2018, Commerce published in the Federal Register the CVD order E:\FR\FM\05SEN1.SGM 05SEN1 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices on stainless steel flanges from China.1 On May 1, 2023, Commerce published the notice of initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On May 15 and 16, 2023, Commerce received timely filed notices of intent to participate from Core Pipe Products, Inc. (Core Pipe) and Kerkau Manufacturing (Kerkau) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 Core Pipe and Kerkau claimed interested party status under section 771(9)(C) of the Act, as manufacturers of the domestic like product in the United States. Commerce received adequate substantive responses to the notice of initiation from Core Pipe and Kerkau within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 We received no substantive responses from any respondent interested parties, including the Government of China, nor was a hearing requested. On June 20, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The products covered by the Order are stainless steel flanges. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.6 ddrumheller on DSK120RN23PROD with NOTICES1 Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum.7 A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public 1 See Stainless Steel Flanges from the People’s Republic of China: Countervailing Duty Order, 83 FR 26006 (June 5, 2018) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 88 FR 26522 (May 1, 2023). 3 See Core Pipe’s Letter, ‘‘Core Pipe—Notice of Intent to Participate,’’ dated May 15, 2023; and Kerkau’s Letter, ‘‘Notice of Intent to Participate by Kerkau Manufacturing,’’ dated May 16, 2023. 4 See Core Pipe’s Letter, ‘‘Substantive Response,’’ dated May 31, 2023; and Kerkau’s Letter, ‘‘Substantive Response of Kerkau Manufacturing,’’ dated May 31, 2023. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on May 1, 2023,’’ dated June 20, 2023. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Stainless Steel Flanges from the People’s Republic of China,’’ dated concurrently with this notice (Issues and Decision Memorandum). 7 Id. VerDate Sep<11>2014 18:02 Sep 01, 2023 Jkt 259001 60641 document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Services System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. VII. Final Results of Sunset Review VIII. Recommendation Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the Order would likely lead to continuation or recurrence of countervailable subsidies at the rates below: Certain Polyester Staple Fiber From the People’s Republic of China: Continuation of Antidumping Duty Order Net subsidy rate (percent) Producers/exporters 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 .............................. 174.73 174.73 174.73 174.73 174.73 Administrative Protective Order (APO) This notice serves 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. Timely written notification of the return or 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 sanctionable violation. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: August 28, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Countervailable Subsidies 2. Net Countervailable Subsidy Rates That Are Likely To Prevail 3. Nature of the Subsidies PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 [FR Doc. 2023–19022 Filed 9–1–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–905] Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on certain polyester staple fiber (PSF) from the People’s Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order. DATES: Applicable August 29, 2023. FOR FURTHER INFORMATION CONTACT: Emily Halle, 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) 482–0176. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 1, 2007, Commerce published in the Federal Register the AD order on PSF from China.1 On March 1, 2023, the ITC instituted,2 and Commerce initiated,3 the third sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its review, Commerce determined that revocation of the Order would likely lead to continuation or recurrence of dumping, and, therefore, notified the ITC of the magnitude of the margins of dumping likely to prevail should the Order be revoked.4 1 See Notice of Antidumping Duty Order: Certain Polyester Staple Fiber from the People’s Republic of China, 72 FR 30545 (June 1, 2007) (Order). 2 See Certain Polyester Staple Fiber from China; Institution of a Five-Year Review, 88 FR 12987 (March 1, 2023). 3 See Initiation of Five-Year (Sunset) Reviews, 88 FR 12915 (March 1, 2023). 4 See Certain Polyester Staple Fiber from the People’s Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 88 FR 37851 (June 9, 2023). E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60640-60641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19022]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-065]


Stainless Steel Flanges From the People's Republic of China: 
Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the countervailing duty (CVD) order on stainless steel 
flanges from the People's Republic of China (China) would be likely to 
lead to continuation or recurrence of countervailable subsidies at the 
levels indicated in the ``Final Results of Review'' section of this 
notice.

DATES: Applicable September 5, 2023.

FOR FURTHER INFORMATION CONTACT: Nathan James, 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) 482-5305.

SUPPLEMENTARY INFORMATION:

Background

    On June 5, 2018, Commerce published in the Federal Register the CVD 
order

[[Page 60641]]

on stainless steel flanges from China.\1\ On May 1, 2023, Commerce 
published the notice of initiation of the first sunset review of the 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act).\2\ On May 15 and 16, 2023, Commerce received timely filed 
notices of intent to participate from Core Pipe Products, Inc. (Core 
Pipe) and Kerkau Manufacturing (Kerkau) within the deadline specified 
in 19 CFR 351.218(d)(1)(i).\3\ Core Pipe and Kerkau claimed interested 
party status under section 771(9)(C) of the Act, as manufacturers of 
the domestic like product in the United States.
---------------------------------------------------------------------------

    \1\ See Stainless Steel Flanges from the People's Republic of 
China: Countervailing Duty Order, 83 FR 26006 (June 5, 2018) 
(Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 26522 
(May 1, 2023).
    \3\ See Core Pipe's Letter, ``Core Pipe--Notice of Intent to 
Participate,'' dated May 15, 2023; and Kerkau's Letter, ``Notice of 
Intent to Participate by Kerkau Manufacturing,'' dated May 16, 2023.
---------------------------------------------------------------------------

    Commerce received adequate substantive responses to the notice of 
initiation from Core Pipe and Kerkau within the 30-day deadline 
specified in 19 CFR 351.218(d)(3)(i).\4\ We received no substantive 
responses from any respondent interested parties, including the 
Government of China, nor was a hearing requested. On June 20, 2023, 
Commerce notified the U.S. International Trade Commission that it did 
not receive an adequate substantive response from respondent interested 
parties.\5\ As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(B)(2) and (C)(2), Commerce conducted an expedited 
(120-day) sunset review of the Order.
---------------------------------------------------------------------------

    \4\ See Core Pipe's Letter, ``Substantive Response,'' dated May 
31, 2023; and Kerkau's Letter, ``Substantive Response of Kerkau 
Manufacturing,'' dated May 31, 2023.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on May 1, 
2023,'' dated June 20, 2023.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are stainless steel flanges. For 
a complete description of the scope of the Order, see the Issues and 
Decision Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order on Stainless Steel Flanges from the 
People's Republic of China,'' dated concurrently with this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum.\7\ A list of topics discussed in the Issues 
and Decision Memorandum is included as an appendix to this notice. 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 Services System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \7\ Id.
---------------------------------------------------------------------------

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the Order would likely lead to 
continuation or recurrence of countervailable subsidies at the rates 
below:

------------------------------------------------------------------------
                                                            Net subsidy
                   Producers/exporters                    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
------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice serves 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. 
Timely written notification of the return or 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 sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 
351.218.

    Dated: August 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Countervailable 
Subsidies
    2. Net Countervailable Subsidy Rates That Are Likely To Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2023-19022 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-DS-P

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