[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Notices]
[Pages 42005-42006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18013]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-809]


Certain Forged Stainless Steel Flanges From India: Final Results 
and Partial Rescission of Antidumping Duty Administrative Review

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

ACTION: Notice of final results and partial rescission of antidumping 
duty administrative review of certain forged stainless steel flanges 
from India.

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SUMMARY: The Department of Commerce (``the Department'') has conducted 
an administrative review of the antidumping duty order on certain 
forged stainless steel flanges from India (A-533-809) produced and/or 
exported by Echjay Forgings Pvt. Ltd. (``Echjay''), Viraj Forgings Ltd. 
(``Viraj''), Snowdrop Trading Pvt. Ltd. (``Snowdrop''), Bhansali 
Ferromet Pvt. Ltd. (``Bhansali''), Panchmahal Steel Ltd. 
(``Panchmahal''), Metal Forgings Rings & Bearings Pvt. Ltd. (``MF''), 
and Patheja Forgings and Auto Parts, Ltd. (``Patheja''). The period of 
review (POR) is February 1, 2001, through January 31, 2002. Based on 
our analysis of comments received, these final results differ from the 
Preliminary Results for Echjay. The final results are listed below in 
the ``Final Results of Review'' section.

EFFECTIVE DATE: July 16, 2003.

FOR FURTHER INFORMATION CONTACT: Helen Kramer at (202) 482-0405 
(Snowdrop), Shireen Pasha at (202) 482-0193 (Echjay), or Dena Aliadinov 
at (202) 482-3362 (Viraj), Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On March 10, 2003, the Department published the preliminary results 
and partial rescission of its administrative review of the antidumping 
duty order on certain forged stainless steel flanges (``SS flanges'') 
from India. See Notice Of Preliminary Results And Partial Rescission Of 
Antidumping Duty Administrative Review, 68 FR 11361 (March 10, 2003) 
(``Preliminary Results'').
    We invited parties to comment on the Preliminary Results. On April 
9, 2002, we received case briefs from Echjay and Snowdrop. On April 15, 
2003, we returned the case brief submitted by Echjay to its counsel, 
requesting that Echjay delete all new information and resubmit the 
brief by 8:30 a.m. on April 16, 2003. On April 16, 2003, the Department 
received the revised case brief from counsel on behalf of Echjay. A 
public hearing was held on April 16, 2003. We note that Viraj did not 
submit a brief.

Partial Rescission

    In our preliminary results, we announced our preliminary decision 
to rescind the review with respect to Bhansali, Panchmahal, MF, and 
Patheja, because these companies apparently had no entries of SS 
flanges from India during the POR. See Preliminary Results 68 FR at 
11362. We have received no new information contradicting the decision. 
Therefore, we are rescinding the administrative review with respect to 
Bhansali, Panchmahal, MF and Patheja.

Scope of the Review

    The products under review 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 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 Harmonized Tariff Schedule (HTS). Although the HTS 
subheadings are 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.

[[Page 42006]]

Use of Facts Otherwise Available

    As discussed in detail in the Preliminary Results, we have 
determined to use facts otherwise available for Echjay, in 
reconstructing its constructed value to arrive at the correct margin; 
and, as noted in the Preliminary Results, we determine that, in 
accordance with sections 776(a) and (b) of the Act, the use of adverse 
facts available is appropriate for Snowdrop, whose producers did not 
respond to our requests for information. The Department has received 
comments from Echjay and Snowdrop, all of which are addressed in the 
``Issues and Decision Memorandum.''

Analysis of Comments Received

    The Department has received comments from Echjay and Snowdrop, all 
of which are addressed in the ``Issues and Decision Memorandum'' from 
Barbara E. Tillman, Acting Deputy Assistant Secretary, Import 
Administration, to Joseph Spetrini, Acting Assistant Secretary, Import 
Administration, dated July 8, 2003 (``Decision Memorandum''), which is 
hereby adopted by this notice. Attached to this notice as an Appendix 
is a list of the issues that Echjay and Snowdrop have raised and to 
which we have responded in the Decision Memorandum. 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 Department's Central Records Unit, located at 14th Street 
and Constitution Avenue, NW, Room B-099. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the 
Import Administration website at http://ia.ita.doc.gov/ under the 
heading Federal Register Notices. The paper copy and electronic version 
of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received and findings at 
verification, we have made certain changes in the margin calculations. 
These changes are noted in various sections of the Decision Memorandum, 
accessible in B-099 and on the Web at www.ia.ita.doc.gov/frn.

Final Results of Review

    We determine that the following dumping margins exist for the 
period February 1, 2001 through January 31, 2002:

------------------------------------------------------------------------
                                                             Margin
                 Manufacturer/Exporter                  [chyph](Percent)
------------------------------------------------------------------------
Echjay Forgings/Pushpaman Exports.....................            20.08
Snowdrop..............................................           210.00
Viraj.................................................                0
------------------------------------------------------------------------

    All other entries of the subject merchandise during the POR will be 
liquidated at the antidumping duty rate in place at the time of entry. 
The Department will issue appropriate assessment instructions directly 
to the U.S. Bureau of Customs and Border Protection within 15 days of 
publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(1) of the Act: (1) for the companies 
named above, the cash deposit rates will be the rates for these firms 
shown above, except that, for exporters with de minimis rates (i.e., 
less than 0.5 percent) no deposit will be required; (2) for previously-
reviewed producers and exporters with separate rates, the cash deposit 
rate will be the company-specific rate established for the most recent 
period for which they were reviewed; and (3) for all other producers 
and exporters, the rate will be 162.14 percent, the ``all others'' rate 
established in the less than fair value investigation (59 FR 5994, 
February 9, 1994). These deposit requirements, when imposed, 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) 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 the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a 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, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/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 this determination and notice in 
accordance with sections section 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 8, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for for Grant Aldonas, Under Secretary.

Appendix

List of Comments and Issues in the Decision Memorandum

Echjay

1. Partial Adverse Facts Available for Direct Materials
2. Partial Adverse Facts Available for Packing Costs
3. Duty Drawback
4. Calculation Errors for Direct Material
5. Calculation Errors for Direct Labor
6. Calculation Errors for General and Administrative Expenses
7. Calculation Error for Variable Overhead

Snowdrop

8. Use of Total Adverse Facts Available
9. Corroboration of Antidumping Duty Margin
[FR Doc. 03-18013 Filed 7-15-03; 8:45 am]
BILLING CODE 3510-DS-S