[Federal Register Volume 66, Number 80 (Wednesday, April 25, 2001)]
[Notices]
[Pages 20787-20788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10279]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-809]


Certain Forged Stainless Steel Flanges From India: Notice of 
Rescission of New Shipper Review

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

ACTION: Notice of rescission of new shipper review.

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EFFECTIVE DATE: April 25, 2001.
SUMMARY: The Department of Commerce (the Department) is rescinding the 
new shipper review of certain forged stainless steel flanges from India 
manufactured or exported by Snowdrop Trading Pvt. Ltd. (Snowdrop) 
because record evidence does not indicate that Snowdrop had any U.S. 
sales suitable for use in a dumping analysis during the period of 
review, i.e., February 1, 1999 through February 29, 2000.

FOR FURTHER INFORMATION CONTACT: Thomas Killiam or Robert James, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-5222 and (202) 482-0649, respectively.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Tariff Act), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Tariff Act by the Uruguay Round Agreements Act. In addition, all 
references to the Department's regulations are to 19 CFR part 351 
(April 2000).

SUPPLEMENTARY INFORMATION:

Background

    On April 3, 2000, in response to a request from Snowdrop, the 
Department published a Notice of Initiation of New Shipper Review (65 
FR 17485). This review covered sales or entries of stainless steel 
flanges exported by Snowdrop during the period February 1, 1999 through 
February 29, 2000. On January 31, 2001, the Department published in the 
Federal Register its Notice of Preliminary Results of New Shipper 
Review: Certain Forged Stainless Steel Flanges from India (66 FR 8380).
    In its original and supplemental questionnaire responses, Snowdrop 
indicated that it had a single U.S. sale during the period of review to 
Texas Metal Works (Texas Metal), a firm in Houston, Texas. Snowdrop 
also indicated that it did not sell the foreign like product in the 
home market and, therefore, indicated that sales to Canada should be 
used as the only viable third-country comparison market. All sales to 
Canada were to a single firm, Provincial Flange & Fittings, Ltd., of 
Ontario (Provincial). However, documentation developed in a series of 
supplemental questionnaires, as well as the Department's November 2000 
verification, demonstrates that Snowdrop's alleged ``sale'' to Texas 
Metal Works actually involved a transaction between Snowdrop and its 
third-country customer, Provincial. See, e.g., the Department's January 
19, 2001 verification report, on file in room B-099 of the main 
Commerce Building. Thus, Snowdrop is proposing that we base both normal 
value and U.S. price on sales to a single entity, Provincial.
    We find it inappropriate to base U.S. price on a sale to the same 
entity that is also functioning as the sole comparison market customer. 
Any analysis of dumping attempts to measure the extent of price 
discrimination, if any, between the U.S. market and an appropriate, 
viable comparison market. Here, the two markets are one and the same: 
to wit, sales to Provincial in Canada. Therefore, because no credible 
measure of dumping is possible under these circumstances, we are 
rescinding this new shipper administrative review. See Memorandum to 
Joseph A. Spetrini, ``Rescission of New Shipper Review of

[[Page 20788]]

Snowdrop Trading Pvt., Ltd.,'' dated April 18, 2001.

Rescission of Review

    The record evidence does not indicate that Snowdrop made a sale to 
the United States during the period of review which can serve as the 
basis for any dumping analysis. In the absence of such a sale, the 
Department has no grounds for proceeding with this review. Accordingly, 
the Department is rescinding this new shipper review, in accordance 
with section 351.214(f) of the Department's regulations.
    This notice is published in accordance with section 777(i)(1) of 
the Tariff Act.

Joseph A. Spetrini,
Deputy Assistant Secretary for AD/CVD Enforcement Group III.
[FR Doc. 01-10279 Filed 4-24-01; 8:45 am]
BILLING CODE 3510-DS-P