[Federal Register Volume 66, Number 225 (Wednesday, November 21, 2001)]
[Notices]
[Pages 58433-58434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29147]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-809]


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

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

ACTION: Rescission of new shipper review.

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SUMMARY: On March 28, 2001, the Department initiated a new shipper 
review of certain forged stainless steel flanges from India for Metal 
Forgings Pvt. Ltd. (Metal Forgings). Pursuant to section 
351.214(f)(2)(ii) of the Department's regulations, we find that an 
expansion of the normal review period to include the entry of the 
subject merchandise would be likely to prevent the completion of the 
review within the time limits set by the Department's regulations, and 
therefore we are rescinding this new shipper review.

EFFECTIVE DATE: November 21, 2001.

FOR FURTHER INFORMATION CONTACT: Thomas Killiam or Mike Heaney, 
Enforcement Group III, Office 8, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue, NW., Washington, DC 20230; telephone: 202-482-5222 and 202-482-
4475, respectively.

SUPPLEMENTARY INFORMATION:

Applicable 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 Uruguay Round Agreements 
Act. In addition, unless otherwise indicated, all citations to the 
Department's regulations are to the regulations codified at 19 CFR part 
351 (2001).

Background

    On March 28, 2001, the Department initiated a new shipper review of 
certain forged stainless steel flanges from India, for the period 
February 1, 2000 through January 31, 2001 manufactured or exported by 
Metal Forgings. See Certain Stainless Steel Flanges from India, 66 FR 
16905. Metal Forgings' responses to our original and supplemental 
questionnaires showed that its merchandise was not loaded for export 
until April 26, 2001, and therefore could not have entered the United 
States until, at the earliest, sometime in the fourth month after the 
conclusion of the period of review (POR).

Rescission of Review

    Under section 351.214(f)(2)(ii) of the Department's regulations, 
when the sale of the subject merchandise occurs

[[Page 58434]]

within the POR, but the entry occurs after the normal POR, the POR may 
be extended unless it would be likely to prevent the completion of the 
review within the time limits set by the Department's regulations. The 
regulations do not provide a definitive date by which the entry must 
occur, but the preamble to the Department's regulations state that both 
the entry and the sale should occur during the POR, and that only under 
``appropriate'' circumstances should the POR be extended when the entry 
is made after the POR. See Antidumping Duties; Countervailing Duties; 
Final Rule, 62 FR 27296, 27319 (May 19, 1997).
    The Department has in many cases extended the POR by 30 days in 
order to capture entries of POR sales, when the 30-day extension is not 
likely to pose significant obstacles to completing a new shipper review 
within the time limits established by the Department's regulations. 
However, the shipment in this case was made over 30 days after the 
sale, and an extension of the POR to include the entry would pose 
significant obstacles to the timely completion of this new shipper 
review. See ``Memorandum to Richard Weible, Certain Forged Stainless 
Steel Flanges (Flanges) from India, Subject: Rescission of New Shipper 
Review,'' dated August 9, 2001. Accordingly, we are rescinding the new 
shipper review of Metal Forgings for the period February 1, 2000 
through January 31, 2001.
    We note that the respondent may renew its request for a new shipper 
review, pursuant to the deadlines provided by section 351.214(d) of the 
Department's regulations. If Metal Forgings renews its request and if 
the review request and the reported transaction conform to 
requirements, we will conduct a new shipper review per section 
351.214(g)(1)(i), and the POR will include both the sale and the entry.
    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
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 sanctionable 
violation. This determination is issued in accordance with 19 CFR 
351.214(4)(2) and section 777(i)(1) of the Act.

    Dated: November 13, 2001.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration, Group III.
[FR Doc. 01-29147 Filed 11-20-01; 8:45 am
BILLING CODE 3510-DS-P