[Federal Register Volume 59, Number 27 (Wednesday, February 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3063]


[[Page Unknown]]

[Federal Register: February 9, 1994]


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DEPARTMENT OF COMMERCE
[A-533-809]

 

Amended Final Determination and Antidumping Duty Order; Certain 
Forged Stainless Steel Flanges From India

AGENCY: Import Administration, International Trade Administration, 
Commerce.

EFFECTIVE DATE: February 9, 1994.

FOR FURTHER INFORMATION CONTACT: Mary Jenkins or Brian Smith, Office of 
Antidumping Duty Investigations, Import Administration, U.S. Department 
of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-1756 or (202) 482-1766, respectively.

Scope of Order

    The products covered by this order are certain forged stainless 
steel flanges both finished and not-finished, generally manufactured to 
specification ASTM A-182, and made in alloys such as 304, 304L, 316, 
and 316L. The scope includes five general types of flanges. They are 
weld neck, used for butt-weld line connections, threaded, used for 
threaded line connections, slip-on and lap joint, used with stub ends/
butt-weld line connections, socket weld, used to fit pipe into a 
machined recession, and blind, used to seal off a line. The sizes of 
the flanges within the scope range generally from one to six inches; 
however, all sizes of the above described merchandise are included in 
the scope. Specifically excluded from the scope of this order are cast 
stainless steel flanges. Cast stainless steel flanges generally are 
manufactured to specification ASTM A-351. The flanges subject to this 
order are currently classifiable under subheading 7307.21.1000 and 
7307.21.5000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). The HTSUS subheadings are provided for convenience and customs 
purposes. The written description of the scope of this order remains 
dispositive.

Amendment of Final Determination

    In accordance with section 735(d) of the Tariff Act of 1930, as 
amended (the Act), on December 29, 1993, the Department of Commerce 
(the Department) published its final determination that certain forged 
stainless steel flanges from India were being sold at less than fair 
value (58 FR 68853).
    On January 18, 1994, Akai Impex Ltd. (Akai), the respondent, 
alleged that the Department made clerical errors with respect to the 
product code of one U.S. sale and the price of two additional U.S. 
sales used in the calculation of the margin for the final 
determination. First, respondent alleged that the Department 
incorrectly identified the product code for one of the U.S. sales 
transactions. Because respondent did not report a constructed value 
(CV) for the incorrect product code, but did provide CV for the product 
code in question, respondent alleges that the Department improperly 
based the margin for sales of this product on best information 
available (BIA). Regarding the errors in price, respondent alleged that 
the unit prices for two of Akai's U.S. sales transactions were 
incorrectly stated on the Department's disclosure documents.
    We agree that these are clerical errors. We examined Akai's latest 
submission to the Department as well as the data on Akai's most recent 
diskette submission. Both the hard copy of Akai's submission and the 
sales transactions as shown on Akai's diskette show that the product 
code and the prices for the three referenced transactions are as stated 
by Akai. Therefore, we corrected the data in question, and we have 
recalculated the margin in our final determination to reflect these 
corrections. The corrected margins appear in the suspension of 
liquidation section of this notice.
    On January 18, 1994, Akai also alleged that clerical errors were 
made in the cost information submitted for nine products. Akai alleged 
that the Department erroneously calculated CV for six of these 
products. In addition, Akai stated that the Department did not use CV 
data it submitted for three of the nine products.
    We examined Akai's verified submission and determined that we used 
in the calculations the data reported by Akai for six of the products 
in question. Moreover, we find that Akai did not submit CV data for two 
products for which it has alleged clerical errors. Finally, for the 
remaining product, Akai reported duplicate data. As discussed in our 
final determination, the Department selected the highest reported value 
as BIA.
    We do not agree that these are clerical errors that should be 
corrected by the Department. In all cases we used the data submitted by 
Akai. Therefore, we have made no changes to the cost data used in 
calculating the margin in our final determination. (See memorandum to 
Barbara R. Stafford from Richard W. Moreland, February 1, 1994, for a 
detailed explanation of our decision.)

Antidumping Duty Order

    In accordance with section 735(a) of the Tariff Act of 1930, as 
amended (the Act), on December 20, 1993, the Department of Commerce 
(the Department) made its final determination that certain forged 
stainless steel flanges from India are being sold at less than fair 
value (58 FR 68859, December 29, 1993). However, on February 2, 1994, 
in accordance with section 735(d) of the Act, the U.S. International 
Trade Commission (ITC) notified the Department that an industry in the 
United States is threatened with material injury by reason of such 
imports. The ITC did not determine, pursuant to section 735(b)(4)(B) of 
the Act, that, but for the suspension of liquidation of entries of 
certain forged stainless steel flanges from India, the domestic 
industry would have been materially injured.
    When the ITC finds threat of material injury, and makes a negative 
``but for'' finding, the ``Special Rule'' provision of section 
736(b)(2) applies. Therefore, all unliquidated entries of certain 
forged stainless steel flanges from India, entered or withdrawn from 
warehouse, for consumption made on or after the date on which the ITC 
publishes its notice of final determination of threat of material 
injury in the Federal Register (which is currently scheduled for 
February 9, 1994) will be liable for the assessment of antidumping 
duties.
    The Department will direct U.S. Customs officers to terminate the 
suspension of liquidation for entries of certain forged stainless steel 
flanges imported from India and entered, or withdrawn from warehouse, 
for consumption before the date on which the ITC publishes its notice 
of final determination of threat of material injury in the Federal 
Register and to release any bond or other security, and refund any cash 
deposit, posted to secure the payment of estimated antidumping duties 
with respect to these entries.
    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs officers to assess, upon further advice by the 
administering authority, antidumping duties equal to the amount by 
which the foreign market value of the merchandise exceeds the United 
States price for all relevant entries of certain forged stainless steel 
flanges from India. U.S. Customs officers must require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, a cash deposit equal to the estimated weighted-average 
antidumping duty margin as noted below: 

------------------------------------------------------------------------
                                                              Weighted- 
                                                               average  
               Manufacturer/producer/exporter                   margin  
                                                              percentage
------------------------------------------------------------------------
Mukand Ltd.................................................       210.00
Sunstar Metals Ltd.........................................       210.00
Bombay Forgings Pvt. Ltd...................................       210.00
Dynaforge..................................................       210.00
Akai Impex Pvt. Ltd........................................        18.56
All Others.................................................       162.14
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
certain forged stainless steel flanges from India, pursuant to section 
736(a) of the Act. Interested parties may contact the Central Records 
Unit, room B-099 of the Main Commerce Building, for copies of an 
updated list of antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 353.21.

    Dated: February 4, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-3063 Filed 2-8-94; 8:45 am]
BILLING CODE 3510-DS-P