[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Notices]
[Pages 62439-62440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25445]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-809]


Certain Stainless Steel Flanges From India; Final Results of 
Antidumping Duty Administrative Review

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

SUMMARY: On March 7, 2002, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of its 
administrative review of the antidumping duty order on certain forged 
stainless steel flanges (flanges) from India (67 FR 10358). The review 
covers flanges manufactured by Isibars Ltd. (Isibars), Panchmahal Steel 
Ltd. (Panchmahal), Patheja Forgings and Auto Parts Ltd. (Patheja), and 
Viraj Forgings Ltd. (Viraj). The period of review (POR) is February 1, 
2000, through January 31, 2001. We gave interested parties an 
opportunity to comment on the preliminary results. Based on our 
analysis of the comments received, we have made changes in the margin 
calculations. Therefore, the final results differ from the preliminary 
results. The final weighted-average dumping margins for the reviewed 
firms are listed below in the section entitled ``Final Results of 
Review.''

EFFECTIVE DATE: October 7, 2002.

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

SUPPLEMENTARY INFORMATION:

Applicable Statute

    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 the Uruguay Round Agreements Act. In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to 19 CFR part 351 (1999).

Background

    We invited parties to comment on our preliminary results of review, 
and we received briefs and rebuttals from the petitioners, the 
Coalition Against Indian Flanges, and Viraj.

Scope of Review

    The products under review are certain forged stainless steel 
flanges from India, 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 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 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 subheadings 
7307.21.1000 and 7307.21.5000 of the HTSUS. Although the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description of the merchandise under review is dispositive of 
whether or not the merchandise is covered by the review.

Use of Facts Available

    As in the preliminary results, and for the reasons stated therein, 
we have continued to assign to Panchmahal and Patheja the rate of 210%, 
based on adverse facts available.

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memo'') from Joseph A.

[[Page 62440]]

Spetrini, Deputy Assistant Secretary, Important Administration, Group 
III, to Faryar Shirzad, Assistant Secretary for Import Administration, 
dated concurrently with this notice, which is hereby adopted by this 
notice. A list of the issues which parties have raised and to which we 
have responded, all of which are in the Decision Memorandum, is 
attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum which is on file in the 
Central Record Unit, room B-099 of the main Department of Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the International Trade Administration's 
Web site at http://www.ia.doc.gov. The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our verification and analysis of the comments received, we 
have changed our approach to the margin calculation for Viraj. See the 
Decision Memo.

Final Results of the Review

    We determine that the following percentage weighted-average margins 
exists for the period February 1, 2000, through January 31, 2001:

            Certain Forged Stainless Steel Flanges From India
------------------------------------------------------------------------
                                                             Producer/
                                                           manufacturer/
                 Weighted-average margin                     exporter
                                                             (percent)
------------------------------------------------------------------------
Isibars.................................................            0
Panchmahal..............................................          210.00
Patheja.................................................          210.00
Viraj...................................................            0
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b)(1), we have calculated an importer-specific 
assessment rate for merchandise subject to this review. The Department 
will issue appropriate assessment instructions directly to the Customs 
Service within 15 days of publication of these final results of review. 
We will direct the Customs Service to assess the resulting assessment 
rates against the entered customs values for the subject merchandise on 
each of the importer's entries during the review period.
    In addition, the following deposit requirements will be effective 
upon publication of this notice for all shipments of stainless steel 
flanges from India entered, or withdrawn from warehouse, for 
consumption on or after the date of publication, as provided by section 
751(a)(1) of the Act:
    (1) For the companies reviewed, the cash deposit rates will be the 
rates listed above, (2) for merchandise exported by manufacturers or 
exporters not covered in this review but covered in a previous segment 
of this proceeding, the cash deposit rate will continue to be the 
company-specific rate published in the most recent final results in 
which that manufacturer or exporter participated; (3) if the exporter 
is not a firm covered in this review or in any previous segment of this 
proceeding, but the manufacturer is, the cash deposit rate will be that 
established for the manufacturer of the merchandise in these final 
results of review or in the most recent segment of the proceeding in 
which that manufacturer participated; and (4) if neither the exporter 
nor the manufacturer is a firm covered in this review or in any 
previous segment of this proceeding, the cash deposit rate will be 
162.14 percent, the all others rate established in the less-than-fair-
value investigation. These deposit requirements shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.
    This notice also serves as the only 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 notification of 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.214.

    Dated: September 5, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Petitioners

1. Viraj affiliation with KOP;
2. KOP sales and expenses data;
3. KOP's U.S. selling expenses;
4. Equity infusion;
5. Duty drawback;
6. Billet costs;
7. Duties and taxes in costs;
8. Labor and variable overhead;
9. G&A expense ratio;
10. Interest expense ratio;
11. Direct selling expenses;

Viraj

12. CEP Prices;
13. Production quantities;
14. Weight-averaged prices
15. Margin Calculations
16. Foreign Unit Price
17. Aberrant margin
18. Prices per piece vs. per kilogram
19. Imputed costs in CEP profit

[FR Doc. 02-25445 Filed 10-4-02; 8:45 am]
BILLING CODE 3510-DS-P