[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Notices]
[Pages 57468-57469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16066]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-533-809


Certain Forged Stainless Steel Flanges from India: Notice of 
Partial Rescission of New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  The Department of Commerce (the Department) is rescinding new 
shipper reviews of three companies for whom it had initiated new 
shipper reviews on April 6, 2006. See Stainless Steel Flanges from 
India: Notice of Initiation of Antidumping Duty New Shipper Reviews, 71 
FR 17439 (April 6, 2006). Our basis for rescinding these new shipper 
reviews is described below.

EFFECTIVE DATE:  September 29, 2006.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482 
2924 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 28, 2006, we received requests from four Indian 
manufacturers of forged stainless steel flanges for ``a new shipper 
review... and (failing that) an administrative review.'' Those four 
companies were Kunj Forgings Pvt. Ltd. (Kunj), Micro Forge (India) Ltd. 
(Micro), Pradeep Metals Limited (Pradeep), and Rollwell Forge, Ltd. 
(Rollwell). On April 5, 2006, we initiated an administrative review of 
each of these companies. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Deferral of 
Administrative Reviews, 71 FR 17077 (April 5, 2006). On April 6, 2006, 
based on the certifications and documentation these companies 
submitted, we initiated a new shipper review of each of them. See 
Stainless Steel Flanges from India: Notice of Initiation of Antidumping 
Duty New Shipper Reviews, 71 FR 17439 (April 6, 2006). The period of 
review for both the administrative review and the new shipper reviews 
is February 1, 2005, through January 31, 2006.
    We issued antidumping questionnaires for both the administrative 
review and the new shipper review to each of the four companies on 
April 6, 2006. We received section A responses from all four companies 
on May 8, 2006. We received section B responses from Kunj, Pradeep, and 
Rollwell on May 31, 2006. We received a section D response from Micro 
(which reported that its home market was not viable) and from Pradeep 
on May 31, 2006. We also received section C responses from all four 
respondents on May 31, 2006.
    Subsequent to initiating the new shipper reviews the Department 
conducted a data query of entry information from Customs and Border 
Protection (CBP). We determined, based on our review of those data, 
that Micro and Pradeep had no entries during the period of review, and 
therefore do not qualify for an administrative review for the period 
February 1, 2005, through January 31, 2006. We also determined that 
expanding the normal period of review to include an entry and sale to 
an unaffiliated customer in the United States would likely prevent the 
completion of the new shipper review within the time limits set forth 
in section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.214(i). See 19 CFR 351.214(f)(2).
    With respect to Rollwell, we determined that Rollwell does not 
qualify for a new shipper review because it had entries of subject 
merchandise that occurred prior to the entry it reported in its 
February 28, 2006, request for new shipper review. Therefore, the 
request does not satisfy the requirements of 19 CFR 
351.214(b)(2)(iv)(A) and (C) because the submitted documentation does 
not establish the sale date or shipment date of Rollwell's actual first 
shipment to the United States. Furthermore, Rollwell did not submit its 
request for a new shipper review within one year of the first of its 
prior entries as required by 19 CFR 351.214(c). Moreover, Rollwell did 
not report the volume of sales subsequent to its first entry of subject 
merchandise, or even the volume of sales subsequent to the entry it 
reported in its February 28, 2006, request for a new shipper review. 
Therefore, Rollwell's request does not satisfy the requirements of 19 
CFR 351.214(b)(2)(iv)(B). We have determined, however, that Rollwell 
qualifies for the administrative review initiated on April 5, 2006.
    In a memorandum to the file dated August 23, 2006, the Department 
stated that it had determined (based on the reasons described above) 
that Micro, Pradeep, and Rollwell had not met the regulatory 
requirements for new shipper reviews, and we therefore intended to 
rescind the new shipper reviews with respect to these companies. See 
memorandum to the file dated August 23, 2006, regarding ``Intent to 
Rescind New Shipper Reviews of Micro Forge (India), Ltd., Pradeep 
Metals, Ltd., and Rollwell Forge, Ltd., and to Continue the New Shipper 
Review of Kunj Forgings Pvt., Ltd.'' We then invited parties to submit 
comments on our intent to rescind. We received no comments.

Scope of the Antidumping Duty Order

    The products covered by this order 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 of the United States 
(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 scope of the order.

Partial Rescission of New Shipper Reviews

    We have determined, for the reasons given above, that Micro, 
Pradeep, and Rollwell do not qualify for new shipper reviews. 
Therefore, we are rescinding the new shipper reviews with respect to 
Micro and Pradeep in accordance with 19 CFR 351.214(f)(2). We are also 
rescinding the new shipper review with

[[Page 57469]]

respect to Rollwell because its request for review does not meet the 
requirements of 19 CFR 351.214(b)(iv)(A), (B), and (C), and 19 CFR 
351.214(c).

Notification

    On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was 
signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct U.S. Customs and Border 
Protection (CBP) to collect a bond or other security in lieu of a cash 
deposit in new shipper reviews. In accordance with H.R. 4, on August 
18, 2006, the Department instructed CBP that importers will no longer 
have the option of posting a bond to fulfill security requirements for 
shipments of forged stainless steel flanges from India produced and 
exported by Kunj, Micro, Pradeep, and Rollwell, and entered, or 
withdrawn from warehouse, for consumption in the United States.
    This notice also serves as the only reminder to any parties that 
are 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/destruction of APO material 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 sanctions.
    This notice is published in accordance with sections 751(a)(1) of 
the Act and 19 CFR 351.214(f)(3).

    Dated: September 22, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-16066 Filed 9-28-06; 8:45 am]
BILLING CODE 3510-DS-S