Stainless Steel Flanges From the People's Republic of China and India: Initiation and Preliminary Results of Changed Circumstances Reviews and Intent To Revoke the Antidumping and Countervailing Duty Orders, in Part, 22120-22123 [2024-06684]
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Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
county, city, or other political
subdivision of a State, including a
special purpose unit of a State or local
government engaged in economic or
infrastructure development activities, or
a consortium of political subdivisions;
(iv) institution of higher education or a
consortium of institutions of higher
education; or (v) public or private nonprofit organization or association acting
in cooperation with officials of a general
purpose political subdivision of a State.
Estimated Number of Respondents: A
total of 150 respondents for the
electronic survey and a subset of 20 for
the phone interviews.
Type of respondent
(annual)
Hours per
response
(hours)
Number of
responses per
year
(annual)
Total
estimated
time
(hours)
EDA Grant Applicants ............................................................................................
Subset of Grant Applicants ....................................................................................
150
20
.5
1
1
1
75
20
Total ................................................................................................................
170
....................
..........................
95
Estimated Total Annual Cost to
Public: $5,985 (cost assumes application
of U.S. Bureau of Labor Statistics
September 2023 mean hourly employer
costs for employee compensation for
professional and related occupations of
$63.00).
Respondent’s Obligation: Voluntary.
Legal Authority: The Public Works
and Economic Development Act of 1965
(42 U.S.C. 3121 et seq.).
IV. Request for Comments
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Number of
respondents
Estimated Time per Response: Half an
hour (30 minutes) for the electronic
survey and 1 hour for each phone
interview.
Estimated Total Annual Burden
Hours: 75 hours for the electronic
survey and 20 hours for the phone
interviews.
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
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Background
In 2018, Commerce published the
antidumping and countervailing duty
Sheleen Dumas,
orders on stainless steel flanges from
Department PRA Clearance Officer, Office of
China and India.1 On February 2, 2024,
the Under Secretary of Economic Affairs,
Anchor, an importer of stainless steel
Commerce Department.
flanges, requested, through CCRs, that
[FR Doc. 2024–06685 Filed 3–28–24; 8:45 am]
Commerce retroactively revoke the
BILLING CODE 3510–34–P
Orders, in part, pursuant to section
751(b)(1)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
DEPARTMENT OF COMMERCE
351.216(b) with respect to certain
International Trade Administration
products.2 Anchor stated that it
qualifies as an importer of stainless steel
[A–533–877, A–570–064, C–533–878, C–570– flanges currently subject to duties and,
065]
as such, is an interested party pursuant
to section 771(9)(A) of the Act and 19
Stainless Steel Flanges From the
CFR 351.102(b)(29)(ii).3
People’s Republic of China and India:
On March 1, 2024, Commerce
Initiation and Preliminary Results of
requested that Anchor provide
Changed Circumstances Reviews and
supplemental information related to its
Intent To Revoke the Antidumping and
CCR Request. Anchor timely responded
Countervailing Duty Orders, in Part
to this supplemental questionnaire on
March 11, 2024.4 Within Anchor’s CCR
AGENCY: Enforcement and Compliance,
Request
and CCR Supplement, Anchor
International Trade Administration,
provided statements from members of
Department of Commerce.
the petitioning coalition or their
SUMMARY: Based on a request from
representatives, including Core Pipe
Anchor Fluid Power (Anchor), the U.S.
Department of Commerce (Commerce) is Products, Inc.; Kerkau Manufacturing;
and Ameriforge LLC, indicating that
initiating and issuing preliminary
they either were not interested in
results of changed circumstances
not
reviews (CCRs) of the antidumping duty participating in the CCRs or were
contesting Anchor’s proposal.5
and countervailing duty orders on
stainless steel flanges from the People’s
1 See Stainless Steel Flanges from the People’s
Republic of China (China) and India to
Republic of China: Countervailing Duty Order, 83
revoke the orders, in part, with respect
FR 26006 (June 5, 2018); Stainless Steel Flanges
from the People’s Republic of China: Antidumping
to certain products. Interested parties
Duty Order, 83 FR 37468 (August 1, 2018); Stainless
are invited to comment on these
Steel Flanges from India: Antidumping Duty Order,
preliminary results.
83 FR 50639 (October 9, 2018); and Stainless Steel
Flanges from India: Countervailing Duty Order, 83
DATES: Applicable March 29, 2024.
FR 50336 (October 5, 2018) (collectively, Orders).
FOR FURTHER INFORMATION CONTACT: Sun
2 See Anchor’s Letter, ‘‘Request for an Expedited
Cho, AD/CVD Operations, Office V,
Changed Circumstances Review to Amend the
Enforcement and Compliance,
Scope of the Orders,’’ dated February 2, 2024 (CCR
Request).
International Trade Administration,
3 Id. at 2.
U.S. Department of Commerce, 1401
4 See Anchor’s Letter, ‘‘Anchor Response to First
Constitution Avenue NW, Washington,
Supplemental Questionnaire,’’ dated March 11,
DC 20230; telephone: (202) 482–3004.
2024 (CCR Supplement).
5 Id. at Attachment A.
SUPPLEMENTARY INFORMATION:
cannot guarantee that we will be able to
do so.
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Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
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Furthermore, Anchor demonstrates that
Core Pipe Products, Inc.; Kerkau
Manufacturing; and Ameriforge LLC
represent substantially all of the
production of the domestic like
product.6 No interested parties filed
comments opposing the CCR Request.
Further, Anchor requested that
Commerce conduct expedited CCRs.7
Scope of the Orders
The scope of the Orders covers certain
forged stainless steel flanges, whether
unfinished, semi-finished, or finished
(certain forged stainless steel flanges).
Certain forged stainless steel flanges are
generally manufactured to, but not
limited to, the material specification of
ASTM/ASME A/SA182 or comparable
domestic or foreign specifications.
Certain forged stainless steel flanges are
made in various grades such as, but not
limited to, 304, 304L, 316, and 316L (or
combinations thereof). The term
‘‘stainless steel’’ used in this scope
refers to an alloy steel containing, by
actual weight, 1.2 percent or less of
carbon and 10.5 percent or more of
chromium, with or without other
elements. Unfinished stainless steel
flanges possess the approximate shape
of finished stainless steel flanges and
have not yet been machined to final
specification after the initial forging or
like operations. These machining
processes may include, but are not
limited to, boring, facing, spot facing,
drilling, tapering, threading, beveling,
heating, or compressing. Semi-finished
stainless steel flanges are unfinished
stainless steel flanges that have
undergone some machining processes.
The scope includes six general types
of flanges. They are: (1) weld neck,
generally used in butt-weld line
connection; (2) threaded, generally used
for threaded line connections; (3) slipon, 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 the Orders
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
6 Id.
at 3–4.
CCR Request at 6.
16:49 Mar 28, 2024
Proposed Partial Revocation of the
Orders
The products subject to the proposed
partial revocation are certain stainless
steel flanges produced in accordance
with specification SAE J518. Anchor
noted that SAE J518 has one and only
one international equivalent standard,
ISO 6162, and that it is not possible for
flanges produced in accordance with
SAE J518 to be certified under another
standard other than the international
equivalent standard ISO 6162.8 Anchor
also noted that SAE J518 flanges cannot
be dual-certified with standards
covering other stainless steel flanges
covered by the scope of the Orders and
that the flanges produced to the
specification SAE J518 have unique
physical characteristics that distinguish
them from other stainless steel flanges
subject to the Orders such that no
ambiguity will be created by this
exclusion.9 Anchor specifically requests
that the scope of the Orders be amended
to include the following exclusion: The
scope also excludes stainless steel
flanges produced in accordance with
specification SAE J518 (or its
international equivalent, ISO 6162).
Initiation of CCRs
Pursuant to section 751(b)(1) of the
Act, Commerce will conduct a CCR
upon receipt of a request from an
interested party that shows changed
circumstances sufficient to warrant a
review of the order. In accordance with
19 CFR 351.216(d), Commerce
determines that the information
submitted by Anchor, along with
substantially all of the domestic
industry’s support, shows changed
8 Id.
7 See
VerDate Sep<11>2014
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 Orders if performed in
the country of manufacture of the
stainless steel flanges.
Merchandise subject to the Orders is
typically imported under headings
7307.21.1000 and 7307.21.5000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). While HTSUS
subheadings and ASTM specifications
are provided for convenience and
customs purposes, the written
description of the scope is dispositive.
9 Id.
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22121
circumstances sufficient to warrant a
review of the Orders.
Section 782(h)(2) of the Act and 19
CFR 351.222(g)(1)(i) provide that
Commerce may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have expressed a lack of
interest in the order, in whole or in part.
In its administrative practice, Commerce
has interpreted ‘‘substantially all’’ to
mean producers accounting for at least
85 percent of the total U.S. production
of the domestic like product covered by
the order.10
Preliminary Results of the CCRs and
Intent To Revoke the Orders, in Part
Section 351.221(c)(3)(ii) of
Commerce’s regulations permits
Commerce to combine the notice of
initiation of a CCR and the notice of
preliminary results if Commerce
concludes that expedited action is
warranted.11 In this instance, because
the record contains information
necessary to make a preliminary
finding, we find that expedited action is
warranted and have combined the
notice of initiation and the notice of
preliminary results.12
Pursuant to section 751(d)(1) of the
Act, and 19 CFR 351.222(g), Commerce
may revoke an antidumping or
countervailing duty order, in whole or
in part, based on a review under section
751(b) of the Act (i.e., a CCR). Section
751(b)(1) of the Act requires a CCR to be
conducted upon receipt of a request
which shows changed circumstances
sufficient to warrant a review. Section
782(h)(2) of the Act gives Commerce the
authority to revoke an order if producers
accounting for substantially all of the
production of the domestic like product
have expressed a lack of interest in the
order. Section 351.222(g) of Commerce’s
regulations provides that Commerce
will conduct a CCR of an antidumping
or countervailing duty order under 19
10 See, e.g., Certain Cased Pencils from the
People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, and Intent to Revoke Order
in Part, 77 FR 42276 (July 18, 2012), unchanged in
Certain Cased Pencils from the People’s Republic of
China: Final Results of Antidumping Duty Changed
Circumstances Review, and Determination to
Revoke Order, in Part, 77 FR 53176 (August 31,
2012).
11 See 19 CFR 351.221(c)(3)(ii); see also Certain
Pasta from Italy: Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 80 FR 33480, 33480–41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged
in Certain Pasta from Italy: Final Results of
Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta from Italy Final Results).
12 See, e.g., Pasta from Italy Preliminary Results,
80 FR at 33480–41, unchanged in Pasta from Italy
Final Results, 80 FR at 48807.
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Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
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CFR 351.216, and may revoke an order
(in whole or in part), if it concludes
that: (i) producers accounting for
substantially all of the production of the
domestic like product to which the
order pertains have expressed a lack of
interest in the relief provided by the
order, in whole or in part; or (ii) if other
changed circumstances sufficient to
warrant revocation exist. Thus, both the
Act and Commerce’s regulations require
that ‘‘substantially all’’ domestic
producers express a lack of interest in
the order for Commerce to revoke the
order, in whole or in part.13 In its
administrative practice, Commerce has
interpreted ‘‘substantially all’’ to
represent producers accounting for at
least 85 percent of U.S. production of
the domestic like product.14
As explained above, domestic
stainless steel flanges producers
accounting for greater than 85 percent of
the domestic industry, including the
original petitioners and one other
domestic stainless steel flanges
producer, have expressed no interest in
opposing Anchor’s CCR Request.15
Substantially all of the domestic
industry appears to have no interest in
maintaining the Orders with respect to
the specific products which are the
subject of Anchor’s request.16 The
domestic industry has not commented
on whether the proposed scope
exclusion language should be
retroactive.
In light of the domestic producers’
statements of no interest in opposing the
revocation of the Orders, in part, with
respect to the stainless steel flanges as
described by Anchor, and in the absence
of any other interested party comments
addressing the issue of domestic
industry support, we preliminarily
conclude that producers accounting for
substantially all of the production of the
domestic like product to which the
Orders pertain lack interest in the relief
provided by the Orders with respect to
stainless steel flanges that are the
subject of Anchor’s revocation request.
Thus, we preliminarily determine that
changed circumstances warrant
revocation of the Orders, in part, with
13 See section 782(h) of the Act; and 19 CFR
351.222(g).
14 See, e.g., Honey from Argentina: Antidumping
and Countervailing Duty Changed Circumstances
Reviews; Preliminary Intent to Revoke Antidumping
and Countervailing Duty Orders, 77 FR 67790,
67791 (November 14, 2012), unchanged in Honey
from Argentina: Final Results of Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Revocation of Antidumping and
Countervailing Duty Orders, 77 FR 77029
(December 31, 2012).
15 See CCR Supplement at Attachment A–1, A–2,
and A–3.
16 Id.
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16:49 Mar 28, 2024
Jkt 262001
respect to such stainless steel flanges as
described by Anchor. Accordingly, we
are notifying the public of our intent to
revoke the Orders, in part, with respect
to stainless steel flanges described in the
‘‘Proposed Partial Revocation of the
Orders’’ section above. This revocation
is limited solely to those flanges
produced to specification SAE J518 (or
its international equivalent, ISO 6162),
and not to any other specification.
Additionally, Anchor requested that
Commerce find this scope exclusion
applies retroactively; however, it did
not provide a date as to which it
believes this scope exclusion should
retroactively apply. If we make a final
determination to revoke the Orders in
part, then we intend to apply the partial
revocation to unliquidated entries of
merchandise subject to the CCRs that
were entered or withdrawn from
warehouse, for consumption, on or after
the day following the last day of the
period covered by the most recently
completed administrative review of
each of the Orders, and are not already
subject to automatic liquidation
instructions.
Public Comment
In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days
after the date of publication of this
notice.17 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than five days after the due
date for case briefs.18
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In these CCRs, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.19 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the Issues and
Decision Memorandum that will
accompany the final results in these
17 Commerce
is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
18 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
19 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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CCRs. We request that interested parties
include footnotes for relevant citations
in the executive summary of each issue.
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).20 An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the day on which it is
due.
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 14 days of publication of this
notice in the Federal Register.21 Hearing
requests should contain the following
information: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs.22
If a request for a hearing is made,
Commerce intends to hold the hearing
at a time and date to be determined.
Parties should confirm the date and the
time of the hearing two days before the
scheduled date.
Final Results of Reviews
Unless extended, consistent with 19
CFR 351.216(e), Commerce intends to
issue the final results of these CCRs no
later than 270 days after the date on
which these reviews were initiated or 45
days if all parties agree to the outcome
of the reviews. If, in the final results of
these reviews, Commerce continues to
determine that changed circumstances
warrant the revocation of the Orders, in
part, we will instruct U.S. Customs and
Border Protection (CBP) to liquidate
without regard to antidumping or
countervailing duties, and to refund any
estimated antidumping and
countervailing duties deposited on all
unliquidated entries of the merchandise
covered by the revocation that are not
covered by the final results of an
administrative review or an automatic
liquidation instruction to CBP. The
current requirement for cash deposits of
estimated antidumping or
countervailing duties on all entries of
subject merchandise will continue
unless they are modified pursuant to the
final results of these changed CCRs.
Notification to Interested Parties
This initiation notice and preliminary
results are published in accordance with
section 751(b)(1) of the Act, 19 CFR
351.216(b)(1) and 19 CFR 351.222
(c)(3)(ii).
20 See
APO and Service Final Rule.
is exercising its discretion under 19
CFR 351.310(c) to alter the time limit for requesting
a hearing.
22 See 19 CFR 351.310(c).
21 Commerce
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Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
Dated: March 22, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–06684 Filed 3–28–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–839]
Steel Propane Cylinders From
Thailand: Amended 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) is amending the
final results of the administrative review
of the antidumping duty order on steel
propane cylinders from Thailand to
correct one ministerial error. The period
of review (POR) is August 1, 2021,
through July 31, 2022.
DATES: Applicable March 29, 2024.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7851.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
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On February 23, 2024, Commerce
published the final results of the 2021–
2022 administrative review of the
antidumping duty order on steel
propane cylinders from Thailand.1 On
February 29, 2024, Sahamitr Pressure
Container Public Company Limited
(SMPC), the sole respondent in this
administrative review, timely alleged
that Commerce made a ministerial error
in the Final Results.2 Commerce is
amending its Final Results to correct for
the ministerial error alleged by SMPC.
No other party made a ministerial error
allegation or provided rebuttal
1 See Steel Propane Cylinders from Thailand:
Final Results of Antidumping Duty Administrative
Review; 2021–2022, 89 FR 13690 (February 23,
2024) (Final Results), and accompanying Issues and
Decision Memorandum; see also Memorandum,
‘‘Deadline for Ministerial Error Comments for the
Final Results,’’ dated February 22, 2024.
2 See SMPC’s Letter, ‘‘Request for the Correction
of a Ministerial Error Contained in the Final Results
of Review,’’ dated February 29, 2024.
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16:49 Mar 28, 2024
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comments in response to SMPC’s
ministerial error allegation.
Legal Framework
A ‘‘ministerial error’’ is defined as
including ‘‘errors in addition,
subtraction, or other arithmetic
function, clerical errors resulting from
inaccurate copying, duplication, or the
like, and any other type of unintentional
error which the {Commerce} considers
ministerial.’’ 3 Pursuant to 19 CFR
351.224(e), Commerce will analyze any
comments received and, if appropriate,
correct any ministerial error by
amending the final results of review.
Ministerial Error
In the Final Results, Commerce made
an inadvertent error within the meaning
of section 751(h) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.224(f) with respect to the selection
of sales databases used in SMPC’s
margin analysis. Accordingly, pursuant
to 19 CFR 351.224(e), Commerce is
amending the Final Results to correct
for this ministerial error.4 For a
complete description and analysis of the
specific inadvertent error, and SMPC’s
ministerial error allegation, see the
accompanying Ministerial Error
Allegation Memorandum.5 The
Ministerial Error Allegation
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.
Amended Final Results of Review
As a result of correcting this
ministerial error, Commerce determines
that, for the POR August 1, 2021,
through July 31, 2022, the following
weighted-average dumping margin
exists:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Sahamitr Pressure Container Plc
2.15
Disclosure
We intend to disclose the calculations
performed for these amended final
results to parties in this review, under
3 See
section 751(h) of the Act; see also 19 CFR
351.224(f).
4 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Steel Propane Cylinders
from Thailand (2021–2022): Ministerial Error
Allegation,’’ dated concurrently with this notice
(Ministerial Error Allegation Memorandum).
5 Id.
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22123
administrative protective order (APO),
within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with these
amended final results of the
administrative 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 ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. 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
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by SMPC for which it did not know that
the merchandise it sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the amended 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 will be effective
retroactively for all shipments of subject
merchandise that entered, or were
withdrawn from warehouse, for
consumption on or after February 23,
E:\FR\FM\29MRN1.SGM
29MRN1
]]>Agencies
[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22120-22123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06684]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-877, A-570-064, C-533-878, C-570-065]
Stainless Steel Flanges From the People's Republic of China and
India: Initiation and Preliminary Results of Changed Circumstances
Reviews and Intent To Revoke the Antidumping and Countervailing Duty
Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Anchor Fluid Power (Anchor), the U.S.
Department of Commerce (Commerce) is initiating and issuing preliminary
results of changed circumstances reviews (CCRs) of the antidumping duty
and countervailing duty orders on stainless steel flanges from the
People's Republic of China (China) and India to revoke the orders, in
part, with respect to certain products. Interested parties are invited
to comment on these preliminary results.
DATES: Applicable March 29, 2024.
FOR FURTHER INFORMATION CONTACT: Sun Cho, 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) 482-3004.
SUPPLEMENTARY INFORMATION:
Background
In 2018, Commerce published the antidumping and countervailing duty
orders on stainless steel flanges from China and India.\1\ On February
2, 2024, Anchor, an importer of stainless steel flanges, requested,
through CCRs, that Commerce retroactively revoke the Orders, in part,
pursuant to section 751(b)(1)(A) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216(b) with respect to certain products.\2\
Anchor stated that it qualifies as an importer of stainless steel
flanges currently subject to duties and, as such, is an interested
party pursuant to section 771(9)(A) of the Act and 19 CFR
351.102(b)(29)(ii).\3\
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\1\ See Stainless Steel Flanges from the People's Republic of
China: Countervailing Duty Order, 83 FR 26006 (June 5, 2018);
Stainless Steel Flanges from the People's Republic of China:
Antidumping Duty Order, 83 FR 37468 (August 1, 2018); Stainless
Steel Flanges from India: Antidumping Duty Order, 83 FR 50639
(October 9, 2018); and Stainless Steel Flanges from India:
Countervailing Duty Order, 83 FR 50336 (October 5, 2018)
(collectively, Orders).
\2\ See Anchor's Letter, ``Request for an Expedited Changed
Circumstances Review to Amend the Scope of the Orders,'' dated
February 2, 2024 (CCR Request).
\3\ Id. at 2.
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On March 1, 2024, Commerce requested that Anchor provide
supplemental information related to its CCR Request. Anchor timely
responded to this supplemental questionnaire on March 11, 2024.\4\
Within Anchor's CCR Request and CCR Supplement, Anchor provided
statements from members of the petitioning coalition or their
representatives, including Core Pipe Products, Inc.; Kerkau
Manufacturing; and Ameriforge LLC, indicating that they either were not
interested in participating in the CCRs or were not contesting Anchor's
proposal.\5\
[[Page 22121]]
Furthermore, Anchor demonstrates that Core Pipe Products, Inc.; Kerkau
Manufacturing; and Ameriforge LLC represent substantially all of the
production of the domestic like product.\6\ No interested parties filed
comments opposing the CCR Request. Further, Anchor requested that
Commerce conduct expedited CCRs.\7\
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\4\ See Anchor's Letter, ``Anchor Response to First Supplemental
Questionnaire,'' dated March 11, 2024 (CCR Supplement).
\5\ Id. at Attachment A.
\6\ Id. at 3-4.
\7\ See CCR Request at 6.
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Scope of the Orders
The scope of the Orders covers certain forged stainless steel
flanges, whether unfinished, semi-finished, or finished (certain forged
stainless steel flanges). Certain forged stainless steel flanges are
generally manufactured to, but not limited to, the material
specification of ASTM/ASME A/SA182 or comparable domestic or foreign
specifications. Certain forged stainless steel flanges are made in
various grades such as, but not limited to, 304, 304L, 316, and 316L
(or combinations thereof). The term ``stainless steel'' used in this
scope refers to an alloy steel containing, by actual weight, 1.2
percent or less of carbon and 10.5 percent or more of chromium, with or
without other elements. Unfinished stainless steel flanges possess the
approximate shape of finished stainless steel flanges and have not yet
been machined to final specification after the initial forging or like
operations. These machining processes may include, but are not limited
to, boring, facing, spot facing, drilling, tapering, threading,
beveling, heating, or compressing. Semi-finished stainless steel
flanges are unfinished stainless steel flanges that have undergone some
machining processes.
The scope includes six general types of flanges. They are: (1) weld
neck, generally used in butt-weld line connection; (2) threaded,
generally used for threaded line connections; (3) slip-on, generally
used to slide over pipe; (4) lap joint, generally used with stub-ends/
butt-weld line connections; (5) socket weld, generally used to fit pipe
into a machine recession; and (6) blind, generally used to seal off a
line. The sizes and descriptions of the flanges within the scope
include all pressure classes of ASME B16.5 and range from one-half inch
to twenty-four inches nominal pipe size. Specifically excluded from the
scope of the Orders 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 Orders if performed in the
country of manufacture of the stainless steel flanges.
Merchandise subject to the Orders is typically imported under
headings 7307.21.1000 and 7307.21.5000 of the Harmonized Tariff
Schedule of the United States (HTSUS). While HTSUS subheadings and ASTM
specifications are provided for convenience and customs purposes, the
written description of the scope is dispositive.
Proposed Partial Revocation of the Orders
The products subject to the proposed partial revocation are certain
stainless steel flanges produced in accordance with specification SAE
J518. Anchor noted that SAE J518 has one and only one international
equivalent standard, ISO 6162, and that it is not possible for flanges
produced in accordance with SAE J518 to be certified under another
standard other than the international equivalent standard ISO 6162.\8\
Anchor also noted that SAE J518 flanges cannot be dual-certified with
standards covering other stainless steel flanges covered by the scope
of the Orders and that the flanges produced to the specification SAE
J518 have unique physical characteristics that distinguish them from
other stainless steel flanges subject to the Orders such that no
ambiguity will be created by this exclusion.\9\ Anchor specifically
requests that the scope of the Orders be amended to include the
following exclusion: The scope also excludes stainless steel flanges
produced in accordance with specification SAE J518 (or its
international equivalent, ISO 6162).
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\8\ Id.
\9\ Id.
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Initiation of CCRs
Pursuant to section 751(b)(1) of the Act, Commerce will conduct a
CCR upon receipt of a request from an interested party that shows
changed circumstances sufficient to warrant a review of the order. In
accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by Anchor, along with substantially all of the
domestic industry's support, shows changed circumstances sufficient to
warrant a review of the Orders.
Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. In its administrative
practice, Commerce has interpreted ``substantially all'' to mean
producers accounting for at least 85 percent of the total U.S.
production of the domestic like product covered by the order.\10\
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\10\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent to Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination to Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
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Preliminary Results of the CCRs and Intent To Revoke the Orders, in
Part
Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary results if Commerce concludes that expedited action is
warranted.\11\ In this instance, because the record contains
information necessary to make a preliminary finding, we find that
expedited action is warranted and have combined the notice of
initiation and the notice of preliminary results.\12\
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\11\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta
from Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta from Italy Final Results).
\12\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at
48807.
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Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g),
Commerce may revoke an antidumping or countervailing duty order, in
whole or in part, based on a review under section 751(b) of the Act
(i.e., a CCR). Section 751(b)(1) of the Act requires a CCR to be
conducted upon receipt of a request which shows changed circumstances
sufficient to warrant a review. Section 782(h)(2) of the Act gives
Commerce the authority to revoke an order if producers accounting for
substantially all of the production of the domestic like product have
expressed a lack of interest in the order. Section 351.222(g) of
Commerce's regulations provides that Commerce will conduct a CCR of an
antidumping or countervailing duty order under 19
[[Page 22122]]
CFR 351.216, and may revoke an order (in whole or in part), if it
concludes that: (i) producers accounting for substantially all of the
production of the domestic like product to which the order pertains
have expressed a lack of interest in the relief provided by the order,
in whole or in part; or (ii) if other changed circumstances sufficient
to warrant revocation exist. Thus, both the Act and Commerce's
regulations require that ``substantially all'' domestic producers
express a lack of interest in the order for Commerce to revoke the
order, in whole or in part.\13\ In its administrative practice,
Commerce has interpreted ``substantially all'' to represent producers
accounting for at least 85 percent of U.S. production of the domestic
like product.\14\
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\13\ See section 782(h) of the Act; and 19 CFR 351.222(g).
\14\ See, e.g., Honey from Argentina: Antidumping and
Countervailing Duty Changed Circumstances Reviews; Preliminary
Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR
67790, 67791 (November 14, 2012), unchanged in Honey from Argentina:
Final Results of Antidumping and Countervailing Duty Changed
Circumstances Reviews; Revocation of Antidumping and Countervailing
Duty Orders, 77 FR 77029 (December 31, 2012).
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As explained above, domestic stainless steel flanges producers
accounting for greater than 85 percent of the domestic industry,
including the original petitioners and one other domestic stainless
steel flanges producer, have expressed no interest in opposing Anchor's
CCR Request.\15\ Substantially all of the domestic industry appears to
have no interest in maintaining the Orders with respect to the specific
products which are the subject of Anchor's request.\16\ The domestic
industry has not commented on whether the proposed scope exclusion
language should be retroactive.
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\15\ See CCR Supplement at Attachment A-1, A-2, and A-3.
\16\ Id.
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In light of the domestic producers' statements of no interest in
opposing the revocation of the Orders, in part, with respect to the
stainless steel flanges as described by Anchor, and in the absence of
any other interested party comments addressing the issue of domestic
industry support, we preliminarily conclude that producers accounting
for substantially all of the production of the domestic like product to
which the Orders pertain lack interest in the relief provided by the
Orders with respect to stainless steel flanges that are the subject of
Anchor's revocation request. Thus, we preliminarily determine that
changed circumstances warrant revocation of the Orders, in part, with
respect to such stainless steel flanges as described by Anchor.
Accordingly, we are notifying the public of our intent to revoke the
Orders, in part, with respect to stainless steel flanges described in
the ``Proposed Partial Revocation of the Orders'' section above. This
revocation is limited solely to those flanges produced to specification
SAE J518 (or its international equivalent, ISO 6162), and not to any
other specification.
Additionally, Anchor requested that Commerce find this scope
exclusion applies retroactively; however, it did not provide a date as
to which it believes this scope exclusion should retroactively apply.
If we make a final determination to revoke the Orders in part, then we
intend to apply the partial revocation to unliquidated entries of
merchandise subject to the CCRs that were entered or withdrawn from
warehouse, for consumption, on or after the day following the last day
of the period covered by the most recently completed administrative
review of each of the Orders, and are not already subject to automatic
liquidation instructions.
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days after the date of publication
of this notice.\17\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than five days after the due date
for case briefs.\18\
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\17\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\18\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In these CCRs, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\19\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the Issues and Decision Memorandum that will
accompany the final results in these CCRs. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\20\ An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
day on which it is due.
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\19\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\20\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 14 days of publication of this notice in the Federal
Register.\21\ Hearing requests should contain the following
information: (1) the party's name, address, and telephone number; (2)
the number of participants; and (3) a list of the issues to be
discussed. Oral presentations at the hearing will be limited to issues
raised in the briefs.\22\ If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.
Parties should confirm the date and the time of the hearing two days
before the scheduled date.
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\21\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\22\ See 19 CFR 351.310(c).
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Final Results of Reviews
Unless extended, consistent with 19 CFR 351.216(e), Commerce
intends to issue the final results of these CCRs no later than 270 days
after the date on which these reviews were initiated or 45 days if all
parties agree to the outcome of the reviews. If, in the final results
of these reviews, Commerce continues to determine that changed
circumstances warrant the revocation of the Orders, in part, we will
instruct U.S. Customs and Border Protection (CBP) to liquidate without
regard to antidumping or countervailing duties, and to refund any
estimated antidumping and countervailing duties deposited on all
unliquidated entries of the merchandise covered by the revocation that
are not covered by the final results of an administrative review or an
automatic liquidation instruction to CBP. The current requirement for
cash deposits of estimated antidumping or countervailing duties on all
entries of subject merchandise will continue unless they are modified
pursuant to the final results of these changed CCRs.
Notification to Interested Parties
This initiation notice and preliminary results are published in
accordance with section 751(b)(1) of the Act, 19 CFR 351.216(b)(1) and
19 CFR 351.222 (c)(3)(ii).
[[Page 22123]]
Dated: March 22, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-06684 Filed 3-28-24; 8:45 am]
BILLING CODE 3510-DS-P
