Finished Carbon Steel Flanges From Spain: Final Results of Antidumping Duty Administrative Review; 2021-2022, 88050-88052 [2023-27892]
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88050
Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Notices
precursors as posing a high risk to the
object and purpose of the Convention.
The CWC (Part VI of the ‘‘Verification
Annex’’) restricts the production of
‘‘Schedule 1’’ chemicals for protective
purposes to two facilities per State
Party: a single small-scale facility and a
facility for production in quantities not
exceeding 10 kg per year. The CWC
Article-by-Article Analysis submitted to
the Senate in Treaty Doc. 103–21
defined the term ‘‘protective purposes’’
to mean ‘‘used for determining the
adequacy of defense equipment and
measures.’’ Consistent with this
definition and as authorized by
Presidential Decision Directive (PDD) 70
(December 17, 1999), which specifies
agency and departmental
responsibilities as part of the U.S.
implementation of the CWC, the
Department of Defense (DOD) was
assigned the responsibility to operate
these two facilities. DOD maintains
strict controls on ‘‘Schedule 1’’
chemicals produced at its facilities in
order to ensure accountability for such
chemicals, as well as their proper use,
consistent with the Convention’s
objectives. Although this assignment of
responsibility to DOD under PDD–70
effectively precluded commercial
production of ‘‘Schedule 1’’ chemicals
for ‘‘protective purposes’’ in the United
States, it did not establish any
limitations on ‘‘Schedule 1’’ chemical
activities that are not prohibited by the
CWC.
The provisions of the CWC that affect
commercial activities involving
‘‘Schedule 1’’ chemicals are
implemented in the CWCR (see 15 CFR
part 712) and in the Export
Administration Regulations (EAR) (see
15 CFR 742.18 and 15 CFR part 745),
both of which are administered by the
Bureau of Industry and Security (BIS).
Pursuant to CWC requirements, the
CWCR restrict commercial production
of ‘‘Schedule 1’’ chemicals to research,
medical, or pharmaceutical purposes.
The CWCR prohibit commercial
production of ‘‘Schedule 1’’ chemicals
for ‘‘protective purposes’’ because such
production is effectively precluded per
PDD–70, as described above (see 15 CFR
712.2(a)).
The CWCR also contain other
requirements and prohibitions that
apply to ‘‘Schedule 1’’ chemicals and/or
‘‘Schedule 1’’ facilities. Specifically, the
CWCR:
(1) Prohibits the import of ‘‘Schedule
1’’ chemicals from States not Party to
the Convention (15 CFR 712.2(b));
(2) Requires annual declarations by
certain facilities engaged in the
production of ‘‘Schedule 1’’ chemicals
in excess of 100 grams aggregate per
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18:02 Dec 19, 2023
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calendar year (i.e., declared ‘‘Schedule
1’’ facilities) for purposes not prohibited
by the Convention (15 CFR 712.5(a)(1)
and (a)(2));
(3) Provides for government approval
of ‘‘declared Schedule 1’’ facilities (15
CFR 712.5(f));
(4) Requires 200 days advance
notification of the establishment of new
‘‘Schedule 1’’ production facilities
producing greater than 100 grams
aggregate of ‘‘Schedule 1’’ chemicals per
calendar year (15 CFR 712.4);
(5) Provides that ‘‘declared Schedule
1’’ facilities are subject to initial and
routine inspection by the OPCW (15
CFR 712.5(e) and 716.1(b)(1));
(6) Requires advance notification and
annual reporting of all imports and
exports of ‘‘Schedule 1’’ chemicals to, or
from, other States Parties to the
Convention (15 CFR 712.6, 742.18(a)(1)
and 745.1); and
(7) Prohibits the export of ‘‘Schedule
1’’ chemicals to States not Party to the
Convention (15 CFR 742.18(a)(1) and
(b)(1)(ii)).
For purposes of the CWCR (see the
definition of ‘‘production’’ in 15 CFR
710.1), the phrase ‘‘production of a
Schedule 1 chemical’’ means the
formation of ‘‘Schedule 1’’ chemicals
through chemical synthesis as well as
processing to extract and isolate
‘‘Schedule 1’’ chemicals. The phrase
also encompasses the formation of a
chemical through chemical reaction,
including by a biochemical or
biologically mediated reaction.
‘‘Production of a Schedule 1 chemical’’
is understood, for CWCR declaration
purposes, to include intermediates, byproducts, or waste products that are
produced and consumed within a
defined chemical manufacturing
sequence, where such intermediates, byproducts, or waste products are
chemically stable and therefore exist for
a sufficient time to make isolation from
the manufacturing stream possible, but
where, under normal or design
operating conditions, isolation does not
occur.
Request for Comments
In order to assist in determining
whether the legitimate commercial
activities and interests of chemical,
biotechnology, and pharmaceutical
firms in the United States are
significantly harmed by the limitations
of the Convention on access to, and
production of, ‘‘Schedule 1’’ chemicals
as described in this notice, BIS is
seeking public comments on any effects
that implementation of the CWC,
through the Chemical Weapons
Convention Implementation Act of 1998
and the CWCR, has had on commercial
PO 00000
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Fmt 4703
Sfmt 4703
activities involving ‘‘Schedule 1’’
chemicals during calendar year 2023. To
allow BIS to properly evaluate the
significance of any harm to commercial
activities involving ‘‘Schedule 1’’
chemicals, public comments submitted
in response to this notice of inquiry
should include both a quantitative and
qualitative assessment of the impact of
the CWC on such activities.
Submission of Comments
All comments must be submitted to
one of the addresses indicated in this
notice and in accordance with the
instructions provided herein. BIS will
consider all comments received on or
before January 19, 2024.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2023–27951 Filed 12–19–23; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–815]
Finished Carbon Steel Flanges From
Spain: Final Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
ULMA Forja, S.Coop (ULMA) and
companies not selected for individual
examination made sales of finished
carbon steel flanges (flanges) from Spain
in the United States at less than normal
value (NV) during the period of review
(POR) June 1, 2021, through May 31,
2022.
DATES: Applicable December 20, 2023.
FOR FURTHER INFORMATION CONTACT:
Carolyn Adie or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6250 or (202) 482–6312,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 7, 2023, Commerce published
the Preliminary Results and invited
interested parties to comment.1 In
1 See Finished Carbon Steel Flanges from Spain:
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022, 88 FR 43307
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September 2023, Commerce conducted
on-site verification of ULMA’s sales
information.2 On October 12, 2023,
Commerce extended the deadline for
these final results of review to January
3, 2023.3 On November 24, 2023,
ULMA, the sole mandatory respondent
for this review,4 submitted its case
brief.5 No other interested party filed a
case or rebuttal brief. As the comments
submitted in ULMA’s case brief are
addressed herein, there is no Issues and
Decision Memorandum accompanying
this notice. These final results cover
eight companies for which an
administrative review was initiated and
not rescinded. Commerce conducted
this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
ddrumheller on DSK120RN23PROD with NOTICES1
Scope of the Order 6
The scope of this Order covers
finished carbon steel flanges. Finished
carbon steel flanges differ from
unfinished carbon steel flanges (also
known as carbon steel flange forgings)
in that they have undergone further
processing after forging, including, but
not limited to, beveling, bore threading,
center or step boring, face machining,
taper boring, machining ends or
surfaces, drilling bolt holes, and/or deburring or shot blasting. Any one of
these post-forging processes suffices to
render the forging into a finished carbon
steel flange for purposes of this Order.
However, mere heat treatment of a
carbon steel flange forging (without any
other further processing after forging)
does not render the forging into a
finished carbon steel flange for purposes
of this Order.
While these finished carbon steel
flanges are generally manufactured to
specification ASME B16.5 or ASME
B16.47 series A or series B, the scope is
not limited to flanges produced under
those specifications. All types of
finished carbon steel flanges are
included in the scope regardless of pipe
size (which may or may not be
expressed in inches of nominal pipe
(July 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Verification of the Sales
Response of ULMA Forja, S. Coop in the
Antidumping Review of Finished Carbon Steel
Flanges from Spain,’’ dated November 16, 2023
(Verification Report).
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review, 2021–2022,’’ dated October 12, 2023.
4 See Preliminary Results, 88 FR at 43307.
5 See ULMA’s Letter, ‘‘ULMA Forja, S. Coop’s
Case Brief, POR 5,’’ dated November 24, 2023
(ULMA Case Brief).
6 See Finished Carbon Steel Flanges from Spain:
Antidumping Duty Order, 82 FR 27229 (June 14,
2017) (Order).
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size), pressure class (usually, but not
necessarily, expressed in pounds of
pressure, e.g., 150, 300, 400, 600, 900,
1,500, 2,500, etc.), type of face (e.g., flat
face, full face, raised face, etc.),
configuration (e.g., weld neck, slip on,
socket weld, lap joint, threaded, etc.),
wall thickness (usually, but not
necessarily, expressed in inches),
normalization, or whether or not heat
treated. These carbon steel flanges either
meet or exceed the requirements of the
ASTM A105, ASTM A694, ASTM A181,
ASTM A350 and ASTM A707 standards
(or comparable foreign specifications).
The scope includes any flanges
produced to the above-referenced ASTM
standards as currently stated or as may
be amended. The term ‘‘carbon steel’’
under this scope is steel in which:
(a) iron predominates, by weight, over
each of the other contained elements:
(b) the carbon content is 2 percent or
less, by weight; and
(c) none of the elements listed below
exceeds the quantity, by weight, as
indicated:
(i) 0.87 percent of aluminum;
(ii) 0.0105 percent of boron;
(iii) 10.10 percent of chromium;
(iv) 1.55 percent of columbium;
(v) 3.10 percent of copper;
(vi) 0.38 percent of lead;
(vii) 3.04 percent of manganese;
(viii) 2.05 percent of molybdenum;
(ix) 20.15 percent of nickel;
(x) 1.55 percent of niobium;
(xi) 0.20 percent of nitrogen;
(xii) 0.21 percent of phosphorus;
(xiii) 3.10 percent of silicon;
(xiv) 0.21 percent of sulfur;
(xv) 1.05 percent of titanium;
(xvi) 4.06 percent of tungsten;
(xvii) 0.53 percent of vanadium; or
(xviii) 0.015 percent of zirconium.
Finished carbon steel flanges are
currently classified under subheadings
7307.91.5010 and 7307.91.5050 of the
Harmonized Tariff Schedule of the
United States (HTSUS). They may also
be entered under HTSUS subheadings
7307.91.5030 and 7307.91.5070. The
HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope is
dispositive.
Verification
As provided in section 782(i) of the
Act, from September 11 through 15,
2023, we conducted verification of the
sales information submitted by ULMA
for use in these final results. We used
standard verification procedures,
including an examination of relevant
sales and accounting records, and
original source documents provided by
ULMA.7
7 Verification
PO 00000
Frm 00011
Report.
Fmt 4703
Sfmt 4703
88051
Changes Since the Preliminary Results
and Analysis of Comments Received
Based on our analysis of the
comments received, we made one
change to the preliminary weightedaverage margin calculations for ULMA
and the non-examined companies. In its
case brief, ULMA argued that we should
rely on the databases that ULMA
submitted, at Commerce’s request,
following verification.8 We are
incorporating into these final results the
relevant databases, which reflect
changes based on the minor corrections
ULMA submitted at verification.9 For
additional details, see the Final
Analysis Memorandum.10
Non-Individually Examined Companies
For guidance when calculating the
rate for non-selected respondents, i.e.,
non-individually-examined companies,
in an administrative review, generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation. Under
section 735(c)(5)(A) of the Act, the allothers rate is normally ‘‘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 {on the basis of facts
available}.’’ We calculated a margin for
ULMA that was not zero, de minimis, or
based on facts available. Accordingly,
we have applied the margin calculated
for ULMA to the non-individually
examined respondents.
Final Results of Administrative Review
For these final results, we determine
that the following weighted-average
dumping margins exist for the period
June 1, 2021, through May 31, 2022:
Producer/exporter
ULMA Forja, S. Coop ...........
Weightedaverage
dumping
margin
(percent)
3.93
Review-Specific Rate for the Non-Selected
Companies
Aleaciones De Metales
Sinterizados S.A ...............
Central Y Almacenes ............
8 See
3.93
3.93
ULMA Case Brief at 1–2.
Verification Report at 2–3.
10 See Memorandum, ‘‘Analysis of Data
Submitted by ULMA Forja S. Coop. for Final
Results of Antidumping Duty Administrative
Review; 2021–2022,’’ dated concurrently with, and
hereby adopted by, this notice (Final Analysis
Memorandum).
9 See
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Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Notices
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Farina Group Spain ..............
Friedrich Geldbach Gmbh ....
Grupo Cunado ......................
Transglory S.A ......................
Tubacero, S.L .......................
3.93
3.93
3.93
3.93
3.93
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
interested parties within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Commerce shall determine and U.S.
Customs and Border Protection (CBP)
shall assess antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review pursuant to
section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). For ULMA, we
calculated importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for each
importer’s examined sales and the total
entered value of those sales in
accordance with 19 CFR 351.212(b)(1).
Where an importer-specific assessment
rate is de minimis (i.e., less than 0.5
percent), the entries by that importer
will be liquidated without regard to
antidumping duties. For entries of
subject merchandise during the POR
produced by ULMA for which it did not
know its merchandise was destined for
the United States, we will instruct CBP
to liquidate unreviewed entries at the
all-others rate in the original less-thanfair-value (LTFV) investigation 11 if
there is no rate for the intermediate
company(ies) involved in the
transaction.12 For the companies
identified above that were not selected
for individual examination, we will
instruct CBP to liquidate entries of
subject merchandise during the POR at
the rates established in these final
results of review as listed above.
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
11 See
Order, 82 FR at 27230.
12 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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18:02 Dec 19, 2023
Jkt 262001
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements for estimated antidumping
duties will be effective upon publication
of this notice for all shipments of
flanges from Spain entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) the cash deposit
rate for the companies subject to this
review will be equal to the companyspecific weighted-average dumping
margin established in the final results of
the review; (2) for merchandise exported
by producers or exporters not covered in
this review but covered in a prior
completed segment of the proceeding,
the cash deposit rate will continue to be
the company-specific rate published in
the completed segment for the most
recent period; (3) if the exporter is not
a firm covered in this review, a prior
review, or the original investigation, but
the producer has been covered in a prior
completed segment of this proceeding,
then the cash deposit rate will be the
rate established in the completed
segment for the most recent period for
the producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will continue to be 18.81
percent, the all-others rate established
in the LTFV investigation of this
proceeding.13 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction or return 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
13 See
PO 00000
Order, 82 FR at 27230.
Frm 00012
Fmt 4703
Sfmt 4703
of the proceeding. Timely written
notification of the destruction or return
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 this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: December 13, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–27892 Filed 12–19–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–878]
Glycine From Japan: Final Results of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines that
Yuki Gosei Kogyo Co., Ltd. (YGK) and
Nagase & Co., Ltd. (Nagase)
(collectively, YGK/Nagase) made sales
of glycine from Japan at less than
normal value during the period of
review (POR) June 1, 2021, through May
31, 2022.
DATES: Applicable December 20, 2023.
FOR FURTHER INFORMATION CONTACT: John
Drury, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0195.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On July 7, 2023, Commerce published
the Preliminary Results.1 We invited
interested parties to comment on the
Preliminary Results. The review covers
one mandatory respondent, YGK/
Nagase. On November 3, 2023,
Commerce extended the deadline for the
final results of review until December
1 See Glycine from Japan: Preliminary Results of
Antidumping Duty Administrative Review, 2021–
2022, 88 FR 43273 (July 7, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
E:\FR\FM\20DEN1.SGM
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Agencies
[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88050-88052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27892]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-815]
Finished Carbon Steel Flanges From Spain: Final Results of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
ULMA Forja, S.Coop (ULMA) and companies not selected for individual
examination made sales of finished carbon steel flanges (flanges) from
Spain in the United States at less than normal value (NV) during the
period of review (POR) June 1, 2021, through May 31, 2022.
DATES: Applicable December 20, 2023.
FOR FURTHER INFORMATION CONTACT: Carolyn Adie or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6250 or (202) 482-6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2023, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ In
[[Page 88051]]
September 2023, Commerce conducted on-site verification of ULMA's sales
information.\2\ On October 12, 2023, Commerce extended the deadline for
these final results of review to January 3, 2023.\3\ On November 24,
2023, ULMA, the sole mandatory respondent for this review,\4\ submitted
its case brief.\5\ No other interested party filed a case or rebuttal
brief. As the comments submitted in ULMA's case brief are addressed
herein, there is no Issues and Decision Memorandum accompanying this
notice. These final results cover eight companies for which an
administrative review was initiated and not rescinded. Commerce
conducted this review in accordance with section 751(a)(1)(B) of the
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Finished Carbon Steel Flanges from Spain: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR
43307 (July 7, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Verification of the Sales Response of ULMA
Forja, S. Coop in the Antidumping Review of Finished Carbon Steel
Flanges from Spain,'' dated November 16, 2023 (Verification Report).
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2021-2022,'' dated October
12, 2023.
\4\ See Preliminary Results, 88 FR at 43307.
\5\ See ULMA's Letter, ``ULMA Forja, S. Coop's Case Brief, POR
5,'' dated November 24, 2023 (ULMA Case Brief).
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ See Finished Carbon Steel Flanges from Spain: Antidumping
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
---------------------------------------------------------------------------
The scope of this Order covers finished carbon steel flanges.
Finished carbon steel flanges differ from unfinished carbon steel
flanges (also known as carbon steel flange forgings) in that they have
undergone further processing after forging, including, but not limited
to, beveling, bore threading, center or step boring, face machining,
taper boring, machining ends or surfaces, drilling bolt holes, and/or
de-burring or shot blasting. Any one of these post-forging processes
suffices to render the forging into a finished carbon steel flange for
purposes of this Order. However, mere heat treatment of a carbon steel
flange forging (without any other further processing after forging)
does not render the forging into a finished carbon steel flange for
purposes of this Order.
While these finished carbon steel flanges are generally
manufactured to specification ASME B16.5 or ASME B16.47 series A or
series B, the scope is not limited to flanges produced under those
specifications. All types of finished carbon steel flanges are included
in the scope regardless of pipe size (which may or may not be expressed
in inches of nominal pipe size), pressure class (usually, but not
necessarily, expressed in pounds of pressure, e.g., 150, 300, 400, 600,
900, 1,500, 2,500, etc.), type of face (e.g., flat face, full face,
raised face, etc.), configuration (e.g., weld neck, slip on, socket
weld, lap joint, threaded, etc.), wall thickness (usually, but not
necessarily, expressed in inches), normalization, or whether or not
heat treated. These carbon steel flanges either meet or exceed the
requirements of the ASTM A105, ASTM A694, ASTM A181, ASTM A350 and ASTM
A707 standards (or comparable foreign specifications). The scope
includes any flanges produced to the above-referenced ASTM standards as
currently stated or as may be amended. The term ``carbon steel'' under
this scope is steel in which:
(a) iron predominates, by weight, over each of the other contained
elements:
(b) the carbon content is 2 percent or less, by weight; and
(c) none of the elements listed below exceeds the quantity, by
weight, as indicated:
(i) 0.87 percent of aluminum;
(ii) 0.0105 percent of boron;
(iii) 10.10 percent of chromium;
(iv) 1.55 percent of columbium;
(v) 3.10 percent of copper;
(vi) 0.38 percent of lead;
(vii) 3.04 percent of manganese;
(viii) 2.05 percent of molybdenum;
(ix) 20.15 percent of nickel;
(x) 1.55 percent of niobium;
(xi) 0.20 percent of nitrogen;
(xii) 0.21 percent of phosphorus;
(xiii) 3.10 percent of silicon;
(xiv) 0.21 percent of sulfur;
(xv) 1.05 percent of titanium;
(xvi) 4.06 percent of tungsten;
(xvii) 0.53 percent of vanadium; or
(xviii) 0.015 percent of zirconium.
Finished carbon steel flanges are currently classified under
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff
Schedule of the United States (HTSUS). They may also be entered under
HTSUS subheadings 7307.91.5030 and 7307.91.5070. The HTSUS subheadings
are provided for convenience and customs purposes; the written
description of the scope is dispositive.
Verification
As provided in section 782(i) of the Act, from September 11 through
15, 2023, we conducted verification of the sales information submitted
by ULMA for use in these final results. We used standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by ULMA.\7\
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\7\ Verification Report.
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Changes Since the Preliminary Results and Analysis of Comments Received
Based on our analysis of the comments received, we made one change
to the preliminary weighted-average margin calculations for ULMA and
the non-examined companies. In its case brief, ULMA argued that we
should rely on the databases that ULMA submitted, at Commerce's
request, following verification.\8\ We are incorporating into these
final results the relevant databases, which reflect changes based on
the minor corrections ULMA submitted at verification.\9\ For additional
details, see the Final Analysis Memorandum.\10\
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\8\ See ULMA Case Brief at 1-2.
\9\ See Verification Report at 2-3.
\10\ See Memorandum, ``Analysis of Data Submitted by ULMA Forja
S. Coop. for Final Results of Antidumping Duty Administrative
Review; 2021-2022,'' dated concurrently with, and hereby adopted by,
this notice (Final Analysis Memorandum).
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Non-Individually Examined Companies
For guidance when calculating the rate for non-selected
respondents, i.e., non-individually-examined companies, in an
administrative review, generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in a market economy investigation. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally ``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 {on the basis of facts available{time} .'' We calculated a
margin for ULMA that was not zero, de minimis, or based on facts
available. Accordingly, we have applied the margin calculated for ULMA
to the non-individually examined respondents.
Final Results of Administrative Review
For these final results, we determine that the following weighted-
average dumping margins exist for the period June 1, 2021, through May
31, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
ULMA Forja, S. Coop..................................... 3.93
------------------------------------------------------------------------
Review-Specific Rate for the Non-Selected Companies
------------------------------------------------------------------------
Aleaciones De Metales Sinterizados S.A.................. 3.93
Central Y Almacenes..................................... 3.93
[[Page 88052]]
Farina Group Spain...................................... 3.93
Friedrich Geldbach Gmbh................................. 3.93
Grupo Cunado............................................ 3.93
Transglory S.A.......................................... 3.93
Tubacero, S.L........................................... 3.93
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days of the date of publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Commerce shall determine and U.S. Customs and Border Protection
(CBP) shall assess antidumping duties on all appropriate entries of
subject merchandise in accordance with the final results of this review
pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). For
ULMA, we calculated importer-specific assessment rates on the basis of
the ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of those sales in accordance
with 19 CFR 351.212(b)(1). Where an importer-specific assessment rate
is de minimis (i.e., less than 0.5 percent), the entries by that
importer will be liquidated without regard to antidumping duties. For
entries of subject merchandise during the POR produced by ULMA for
which it did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate in the original less-than-fair-value (LTFV)
investigation \11\ if there is no rate for the intermediate
company(ies) involved in the transaction.\12\ For the companies
identified above that were not selected for individual examination, we
will instruct CBP to liquidate entries of subject merchandise during
the POR at the rates established in these final results of review as
listed above.
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\11\ See Order, 82 FR at 27230.
\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective upon publication of this notice for all
shipments of flanges from Spain entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2) of the Act: (1) the cash deposit rate for the
companies subject to this review will be equal to the company-specific
weighted-average dumping margin established in the final results of the
review; (2) for merchandise exported by producers or exporters not
covered in this review but covered in a prior completed segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the producer has been
covered in a prior completed segment of this proceeding, then the cash
deposit rate will be the rate established in the completed segment for
the most recent period for the producer of the merchandise; (4) the
cash deposit rate for all other producers or exporters will continue to
be 18.81 percent, the all-others rate established in the LTFV
investigation of this proceeding.\13\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\13\ See Order, 82 FR at 27230.
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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 occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction or return 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 destruction or
return 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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: December 13, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-27892 Filed 12-19-23; 8:45 am]
BILLING CODE 3510-DS-P