[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Notices]
[Pages 18058-18059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8560]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-809, A-583-821]


Certain Forged Stainless Steel Flanges From India and Taiwan; 
Final Results of Antidumping Duty Expedited Sunset Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of antidumping duty expedited sunset 
reviews: Certain forged stainless steel flanges from India and Taiwan.

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SUMMARY: On December 1, 1999, the Department of Commerce (``the 
Department'') published the notice of initiation of sunset reviews of 
the antidumping duty orders on forged stainless steel flanges 
(``flanges'') from India and Taiwan. The products covered by these 
orders are flanges, both finished and unfinished. On the basis of 
notices of intent to participate and adequate substantive comments 
filed on behalf of domestic interested parties and inadequate response 
from Indian respondent interested parties and no response from 
Taiwanese respondent interested parties, we determined to conduct 
expedited reviews. Based on our analysis of the comments received, we 
find that revocation of the antidumping duty orders would be likely to 
lead to continuation or recurrence of dumping at the levels listed 
below in the section entitled ``Final Results of Reviews.''

EFFECTIVE DATE: April 6, 2000.

FOR FURTHER INFORMATION CONTACT: Mark D. Young, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 
Washington, DC 20230; telephone: (202) 482-6397.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by Uruguay Round Agreements Act (``URAA''). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
(``the Department's'') regulations are to 19 CFR part 351 (1999). 
Guidance on methodological or analytical issues relevant to the 
Department's conduct of sunset reviews is set forth in the Department's 
Policy Bulletin 98:3--Policies Regarding the Conduct of Five-year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders; 
Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy 
Bulletin'').

Background

    On December 1, 1999, the Department published the notice of 
initiation of sunset reviews of the antidumping duty orders on flanges 
from India and Taiwan (64 FR 67247). We received a Notice of Intent to 
Participate, in each of the two sunset reviews, on behalf of Gerlin, 
Inc. (``Gerlin''), Ideal Forging Corporation (``Ideal''), Maass Flange 
Corporation (``Maass''), and Westbrook Flange (collectively, the 
``domestic interested parties''), by December 16, 1999, within the 
deadline specified in section 351.218(d)(1)(i) of the Sunset 
Regulations. Pursuant to section 771(9)(C) of the Act, the domestic 
interested parties claimed interested party status as U.S. 
manufacturers of domestic like products. Moreover, Gerlin, Ideal, and 
Maass claim that they were petitioners in the original investigations.
    The Department received a complete substantive response from the 
domestic interested parties, in each of the two sunset reviews, by 
January 3, 2000, within the 30-day deadline specified in the Sunset 
Regulations under section 351.218(d)(3)(i). We did not receive a 
substantive response from any Taiwanese respondent interested party. We 
did receive substantive responses from Echjay Forgings Limited and 
Pushpaman Exports in the sunset review of the Indian order. However, we 
determined that the responses were inadequate to warrant a full review 
because respondents did not account for at least 50 percent of the 
subject merchandise to the U.S. over the last five years, as required 
by 351.218(e)(1)(ii)(A).\1\ As a result, pursuant to 19 CFR 
351.218(e)(1)(ii)(C), the Department determined to conduct expedited, 
120-day, reviews of these orders.
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    \1\ See Policies Regarding the Conduct of Five-Year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders: Policy 
Bulletin, 63 FR 18871 (April 16, 1998).

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[[Page 18059]]

Scope of Review

    The merchandise subject to these orders is certain forged stainless 
steel flanges (``flanges''), both finished and unfinished, 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 connection; 
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 these 
orders are cast stainless steel flanges. Cast stainless steel flanges 
generally are manufactured to specification ASTM A-351. The flanges 
subject to these orders are currently classifiable under subheadings 
7307.21.1000 and 7307.21.5000 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). Although the HTSUS subheading is provided 
for convenience and customs purposes, the written description of the 
subject merchandise remains dispositive.
    These reviews cover imports from all manufacturers and exporters of 
flanges from India and Taiwan.

Analysis of Comments Received

    All issues raised in the case by parties to these sunset reviews 
are addressed in the ``Issues and Decision Memorandum'' (``Decision 
Memo'') from Jeffrey A. May, Director, Office of Policy, Import 
Administration, to Robert S. LaRussa, Assistant Secretary for Import 
Administration, dated March 30, 2000, which is hereby adopted by this 
notice. The issues discussed in the attached Decision Memo include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margin likely to prevail were the orders to be revoked. Parties 
can find a complete discussion of all issues raised in these reviews 
and the corresponding recommendations in this public memorandum which 
is on file in room B-099 in the main Commerce Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ita.doc.gov/import__admin/records/
frn/. The paper copy and electronic version of the Decision Memo are 
identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
flanges from India and Taiwan would be likely to lead to continuation 
or recurrence of dumping at the following percentage weighted-average 
margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
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India:
  Mukand, Ltd..............................................       210.00
  Sunstar Metals Ltd.......................................       210.00
  Bombay Forgings Pvt. Ltd.................................       210.00
  Dynafore.................................................       210.00
  Akai Impex Pvt. Ltd......................................        18.56
  All Others...............................................       162.14
Taiwan:
  Enlin Steel Corporation..................................        48.00
  Ta Chen Stainless Pipe Co................................        48.00
  Tay Precision Industries Co..............................        48.00
  All Others...............................................        48.00
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing these determinations and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: March 30, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 00-8560 Filed 4-5-00; 8:45 am]
BILLING CODE 3510-DS-P