Stainless Steel Flanges From India and the People's Republic of China: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders, 60642-60643 [2023-19023]
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Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices
On August 29, 2023, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
that revocation of the Order would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.5
Scope of the Order
The product covered by the Order is
synthetic staple fibers, not carded,
combed or otherwise processed for
spinning, of polyesters measuring 3.3
decitex (3 denier, inclusive) or more in
diameter. This merchandise is cut to
lengths varying from one inch (25 mm)
to five inches (127 mm). The subject
merchandise may be coated, usually
with a silicon or other finish, or not
coated. PSF is generally used as stuffing
in sleeping bags, mattresses, ski jackets,
comforters, cushions, pillows, and
furniture.
The following products are excluded
from the scope: (1) PSF of less than 3.3
decitex (less than 3 denier) currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheading 5503.20.0025 and known
to the industry as PSF for spinning and
generally used in woven and knit
applications to produce textile and
apparel products; (2) PSF of 10 to 18
denier that are cut to lengths of 6 to 8
inches and that are generally used in the
manufacture of carpeting; and (3) lowmelt PSF defined as a bi-component
fiber with an outer, non-polyester
sheath that melts at a significantly lower
temperature than its inner polyester
core (classified at HTSUS
5503.20.0015).
Certain PSF is classifiable under the
HTSUS subheadings 5503.20.0045 and
5503.20.0065. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
under the Order is dispositive.
ddrumheller on DSK120RN23PROD with NOTICES1
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the Order would likely lead to a
continuation or a recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the Order. U.S. Customs
and Border Protection will continue to
collect AD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise.
5 See Certain Polyester Staple Fiber from China,
88 FR 59538 (August 29, 2023).
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18:02 Sep 01, 2023
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The effective date of the continuation
of the Order will be August 29, 2023.
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next five-year
review of the Order not later than 30
days prior to the fifth anniversary of the
date of the last determination by the
Commission.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return, destruction, or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply is
a violation of the APO which may be
subject to sanctions.
Notification to Interested Parties
This five-year sunset review and this
notice are in accordance with sections
751(c) and 751(d)(2) of the Act and
published in accordance with section
777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Dated: August 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–19041 Filed 9–1–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–877, A–570–064]
Stainless Steel Flanges From India and
the People’s Republic of China: Final
Results of the Expedited First Sunset
Reviews of the Antidumping Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited
sunset reviews, the U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) orders on stainless steel flanges
from India and the People’s Republic of
China (China) would be likely to lead to
the continuation or recurrence of
dumping at the levels indicated in the
‘‘Final Results of Sunset Reviews’’
section of this notice.
DATES: Applicable September 5, 2023.
AGENCY:
PO 00000
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FOR FURTHER INFORMATION CONTACT:
Christopher Maciuba, 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) 482–0413.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2018, and on October 9,
2018, Commerce published in the
Federal Register the AD orders on
stainless steel flanges from China and
India, respectively.1 On May 1, 2023,
Commerce published the notice of
initiation of the first sunset reviews of
the Orders, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2
On May 15 and 16, 2023, Commerce
received notices of intent to participate
in these reviews 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 producers
of the domestic like product in the
United States. On May 31, 2023,
Commerce received adequate
substantive responses from Core Pipe
and Kerkau.4 We received no
substantive responses from respondent
interested parties.
On June 20, 2023, Commerce notified
the U.S. International Trade
Commission that it did not receive
substantive responses from any
1 See Stainless Steel Flanges from the People’s
Republic of China: Antidumping Duty Order, 83 FR
37468 (August 1, 2018); and Stainless Steel Flanges
from India: Antidumping Duty Order, 83 FR 50639
(October 9, 2018) (collectively, Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 26522 (May 1, 2023).
3 See Core Pipe’s Letters, ‘‘Stainless Steel Flanges
from India—Notice of Intent To Participate,’’ dated
May 15, 2023; and ‘‘Stainless Steel Flanges from the
People’s Republic of China—Notice of Intent To
Participate,’’ dated May 15, 2023; and Kerkau’s
Letters, ‘‘Stainless Steel Flanges from India: Notice
of Intent to Participate by Kerkau Manufacturing,’’
dated May 16, 2023; and ‘‘Stainless Steel Flanges
from China: Notice of Intent to Participate by
Kerkau Manufacturing,’’ dated May 16, 2023.
4 See Core Pipe’s Letters, ‘‘Stainless Steel Flanges
from India—Domestic Interested Party’s Substantive
Response to Notice of Initiation,’’ dated May 31,
2023 (Core Pipe Substantive Response—India); and
‘‘Stainless Steel Flanges from the People’s Republic
of China—Domestic Interested Party’s Substantive
Response to Notice of Initiation,’’ dated May 31,
2023 (Core Pipe Substantive Response—China); and
Kerkau’s Letters, ‘‘Stainless Steel Flanges from
India: Substantive Response of Kerkau
Manufacturing,’’ dated May 31, 2023; and
‘‘Stainless Steel Flanges from China: Substantive
Response of Kerkau Manufacturing,’’ dated May 31,
2023.
E:\FR\FM\05SEN1.SGM
05SEN1
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices
respondent interested parties.5 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset
reviews of the Orders.
Scope of the Orders
The products covered by these Orders
are stainless steel flanges from India and
China. For a full description of the
scope, see the Issues and Decision
Memorandum.6
Analysis of Comments Received
A complete discussion of all issues
raised in these sunset reviews is
contained in the accompanying 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 Service 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 directly accessed
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Orders
would likely lead to the continuation or
recurrence of dumping and that the
magnitude of the dumping margins
likely to prevail would be weighedaverage margins up to 145.25 percent for
India, and up to 257.11 percent for
China.8
ddrumheller on DSK120RN23PROD with NOTICES1
Administrative Protective Orders
This notice serves as the only
reminder to interested parties subject to
an Administrative Protective Order
(APO) of their responsibility concerning
the return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
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 Reviews of the Antidumping Duty
Orders on Stainless Steel Flanges from India and
the People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
7 See generally Issues and Decision
Memorandum.
8 Id. at 9.
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18:02 Sep 01, 2023
Jkt 259001
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(c), 752(c), 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
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins of Dumping
Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2023–19023 Filed 9–1–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051, C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Notice of Court Decision Not in
Harmony With the Results of
Antidumping and Countervailing Duty
Scope Ruling; Notice of Amended
Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 22, 2023, the U.S.
Court of International Trade (CIT)
issued its final judgment in Far East
American, Inc., et al., v. United States,
Consol. Court no. 22–00049 (Far
Eastern), sustaining the U.S. Department
of Commerce (Commerce)’s first remand
results of redetermination pertaining to
the final scope ruling for the
antidumping and countervailing duty
orders on certain hardwood plywood
products (hardwood plywood) from the
People’s Republic of China (China). In
the underlying ruling, Commerce
determined that hardwood plywood
exported into the United States by
Vietnam Finewood Company Limited
(Finewood) that was produced using
AGENCY:
PO 00000
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60643
two-ply panels imported into Vietnam
from China was included in the scope
of the orders. Commerce is notifying the
public that the CIT’s final judgment is
not in harmony with Commerce’s final
scope ruling on Finewood’s two-ply
panels from China and is amending its
final scope ruling.
DATES: Applicable September 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, 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) 482–2953.
SUPPLEMENTARY INFORMATION:
Background
In response to a U.S. Customs and
Border Protection (CBP) covered
merchandise referral,1 on January 21,
2022, Commerce issued its Final Scope
Ruling addressing Finewood’s two-ply
panels imported from China and
whether they are covered by the
antidumping and countervailing duty
orders on hardwood plywood from
China.2 Commerce found that the plain
language of the scope of the Orders was
ambiguous with respect to the definition
of ‘‘certain veneered panels,’’ and, thus,
Commerce turned to the sources in 19
CFR 351.225(k)(1) and found those
sources indicated that hardwood
plywood exported to the United States
by Finewood that was produced using
two-ply panels imported into Vietnam
from China were covered by the scope
of the Orders.3
Finewood, Far East American, Inc.,
Liberty Woods International, Inc., and
Consolidated Plaintiff InterGlobal
Forest, LLC, appealed Commerce’s Final
Scope Ruling. On April 20, 2023, the
CIT remanded the Final Scope Ruling to
Commerce, holding that the scope
language, when read together with the
19 CFR 351.225(k)(1) sources,
unambiguously establishes that the
Orders do not include Chinese two-ply
1 See Certain Hardwood Plywood from the
People’s Republic of China: Notice of Covered
Merchandise Referral and Initiation of Scope
Inquiry, 85 FR 3024 (January 17, 2020).
2 See Memorandum, ‘‘Antidumping Duty and
Countervailing Duty Orders on Certain Hardwood
Plywood Products from the People’s Republic of
China, Enforcement and Protect Act (EAPA)
Investigation No. 7252: Final Scope Ruling,’’ dated
January 21, 2022 (Final Scope Ruling); see also
Certain Hardwood Plywood Products from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 83 FR 504 (January
4, 2018); and Certain Hardwood Plywood Products
from the People’s Republic of China: Countervailing
Duty Order, 83 FR 513 (January 4, 2018)
(collectively, the Orders).
3 See Final Scope Ruling at 10–20.
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]]>Agencies
[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60642-60643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19023]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-877, A-570-064]
Stainless Steel Flanges From India and the People's Republic of
China: Final Results of the Expedited First Sunset Reviews of the
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the U.S.
Department of Commerce (Commerce) finds that revocation of the
antidumping duty (AD) orders on stainless steel flanges from India and
the People's Republic of China (China) would be likely to lead to the
continuation or recurrence of dumping at the levels indicated in the
``Final Results of Sunset Reviews'' section of this notice.
DATES: Applicable September 5, 2023.
FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, 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) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2018, and on October 9, 2018, Commerce published in
the Federal Register the AD orders on stainless steel flanges from
China and India, respectively.\1\ On May 1, 2023, Commerce published
the notice of initiation of the first sunset reviews of the Orders,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act).\2\
---------------------------------------------------------------------------
\1\ See Stainless Steel Flanges from the People's Republic of
China: Antidumping Duty Order, 83 FR 37468 (August 1, 2018); and
Stainless Steel Flanges from India: Antidumping Duty Order, 83 FR
50639 (October 9, 2018) (collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 26522
(May 1, 2023).
---------------------------------------------------------------------------
On May 15 and 16, 2023, Commerce received notices of intent to
participate in these reviews 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 producers of the domestic
like product in the United States. On May 31, 2023, Commerce received
adequate substantive responses from Core Pipe and Kerkau.\4\ We
received no substantive responses from respondent interested parties.
---------------------------------------------------------------------------
\3\ See Core Pipe's Letters, ``Stainless Steel Flanges from
India--Notice of Intent To Participate,'' dated May 15, 2023; and
``Stainless Steel Flanges from the People's Republic of China--
Notice of Intent To Participate,'' dated May 15, 2023; and Kerkau's
Letters, ``Stainless Steel Flanges from India: Notice of Intent to
Participate by Kerkau Manufacturing,'' dated May 16, 2023; and
``Stainless Steel Flanges from China: Notice of Intent to
Participate by Kerkau Manufacturing,'' dated May 16, 2023.
\4\ See Core Pipe's Letters, ``Stainless Steel Flanges from
India--Domestic Interested Party's Substantive Response to Notice of
Initiation,'' dated May 31, 2023 (Core Pipe Substantive Response--
India); and ``Stainless Steel Flanges from the People's Republic of
China--Domestic Interested Party's Substantive Response to Notice of
Initiation,'' dated May 31, 2023 (Core Pipe Substantive Response--
China); and Kerkau's Letters, ``Stainless Steel Flanges from India:
Substantive Response of Kerkau Manufacturing,'' dated May 31, 2023;
and ``Stainless Steel Flanges from China: Substantive Response of
Kerkau Manufacturing,'' dated May 31, 2023.
---------------------------------------------------------------------------
On June 20, 2023, Commerce notified the U.S. International Trade
Commission that it did not receive substantive responses from any
[[Page 60643]]
respondent interested parties.\5\ As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset reviews of the Orders.
---------------------------------------------------------------------------
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on May 1,
2023,'' dated June 20, 2023.
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these Orders are stainless steel flanges
from India and China. For a full description of the scope, see the
Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Reviews of the
Antidumping Duty Orders on Stainless Steel Flanges from India and
the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
A complete discussion of all issues raised in these sunset reviews
is contained in the accompanying 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 Service 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 directly accessed
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\7\ See generally Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Orders would likely lead to
the continuation or recurrence of dumping and that the magnitude of the
dumping margins likely to prevail would be weighed-average margins up
to 145.25 percent for India, and up to 257.11 percent for China.\8\
---------------------------------------------------------------------------
\8\ Id. at 9.
---------------------------------------------------------------------------
Administrative Protective Orders
This notice serves as the only reminder to interested parties
subject to an Administrative Protective Order (APO) of their
responsibility concerning the return/destruction or conversion to
judicial protective order of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely 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 violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(c), 752(c), 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 Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2023-19023 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-DS-P
