[Federal Register Volume 72, Number 155 (Monday, August 13, 2007)]
[Notices]
[Pages 45221-45223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15810]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-809]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 7, 2007, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain forged stainless steel flanges from 
India. This administrative review covers imports from Echjay Forgings 
Pvt., Ltd. (Echjay) and Rollwell Forge, Ltd. (Rollwell), manufacturers/
exporters of the subject merchandise; we are rescinding this review 
with respect to Shree Ganesh Forgings, Ltd. (Shree Ganesh). The period 
of review is February 1, 2005, through January 31, 2006. As a result of 
our analysis of Echjay's comments we have made no changes to our 
calculations. With respect to Rollwell, we have calculated a margin 
rather than use adverse facts available as in the preliminary results. 
We disclosed the post-preliminary calculated margin to Rollwell on June 
6, 2007. In these final results we have made one change to our June 6, 
2007 analysis for Rollwell. The final results for both Echjay and 
Rollwell are listed below in the Final Results of Review section.

EFFECTIVE DATE: August 13, 2007.

[[Page 45222]]


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

SUPPLEMENTARY INFORMATION:

Background

    On March 7, 2007, the Department published the preliminary results 
of review of the antidumping duty order on certain forged stainless 
steel flanges (stainless steel flanges) from India. See Certain Forged 
Stainless Steel Flanges From India; Preliminary Results of Antidumping 
Duty Administrative Review 72 FR 10142 (March 7, 2007) (Preliminary 
Results). In those preliminary results we announced our calculated 
margins for Echjay and Rollwell and our intent to rescind the review 
with respect to Shree Ganesh because we determined that Shree Ganesh 
had no shipments during the period of review (POR). We also announced 
that we were basing our preliminary results with respect to Rollwell on 
adverse facts available (AFA). However, as discussed below, we stated 
we would afford Rollwell another opportunity to submit information 
necessary to calculate a margin.
    We invited interested parties to comment on our preliminary 
results. We received comments from Echjay on March 8, 2007, and from 
Rollwell on June 28, 2007, and July 9, 2007. We received no comments 
from Shree Ganesh.
    On July 6, 2007, the Department extended the due date for the final 
results to August 6, 2007. See Notice of Extension of Time Limit for 
the Final Results of Antidumping Duty Administrative Review: Certain 
Forged Stainless Steel Flanges from India, 72 FR 36959 (July 6, 2007).

Rollwell

    As discussed above, in the preliminary results of review the 
Department assigned Rollwell a margin based on the facts available, but 
also announced its intent to issue to Rollwell a supplemental 
questionnaire after publication of the preliminary results. We issued 
this supplemental questionnaire on March 9, 2007. Rollwell submitted 
its response on March 22, 2007. Based on our analysis of this response, 
we calculated a margin for Rollwell. On June 6, 2007, the Department 
disclosed this calculated margin to Rollwell, and invited interested 
parties to comment. Rollwell submitted comments on June 28, 2007. On 
July 2, 2007, the Department issued a letter to Rollwell in which it 
corrected a misstatement it had made in its June 6, 2007, analysis 
memorandum regarding its rationale for denying a scrap offset to 
Rollwell's reported material costs. We invited Rollwell to comment on 
our correct rationale. We received Rollwell's comments on July 9, 2007.
    In these final results we have made one change to our June 6, 2007, 
margin calculation based on our own analysis of Rollwell's data. 
Specifically, we recalculated Rollwell's material costs to exclude post 
period of review (POR) purchases of stainless steel billets. See our 
``Analysis of Data Submitted by Rollwell Forge Ltd. (Rollwell) for the 
Final Results of the 2005-2006 Administrative Review of the Antidumping 
Duty Order on Stainless Steel Flanges from India)'' at Section II. We 
have not made any changes to Rollwell's calculation based on its June 
28, 2007, and July 9, 2007, comments.

Scope of the 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.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made no 
changes to the preliminary results with respect to Echjay. With respect 
to Shree Ganesh, we are rescinding the review. See below under 
``Partial Rescission.'' With respect to Rollwell, we have based the 
final results on the analysis we released for comments on June 6, 2007, 
and our July 2, 2007, correction to that analysis, rather than on the 
AFA margin of the March 8, 2007, preliminary results. In addition, we 
have made one change to Rollwell's cost computation. For details, see 
``Memorandum to the File Regarding Analysis of Data Submitted by 
Rollwell Forge Ltd. (Rollwell) for the Final Results of the 2005-2006 
Administrative Review,'' dated August 6, 2007.

Partial Rescission

    In our preliminary results, we announced our preliminary decision 
to rescind the review with respect to Shree Ganesh because we 
determined this company had no entries of stainless steel flanges from 
Indian during the POR. See Preliminary Results. Since issuing the 
preliminary results, we have received no new information contradicting 
this determination. Therefore, we are rescinding the administrative 
review with respect to Shree Ganesh.

Analysis of Comments Received

    All issues raised in our preliminary results are addressed in the 
``Issues and Decision Memorandum'' from Stephen J. Claeys, Deputy 
Assistant Secretary Import Administration, to David M. Spooner, 
Assistant Secretary for Import Administration, dated August 6, 2007 
(Decision Memorandum), 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 Records 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 Web at http://ia.ita.doc.gov/frn. The paper copy and electronic 
version of the decision memorandum are identical in content.

Final Results of Review

    As a result of our review, we determine the weighted-average 
dumping margins for the period February 1, 2005, through January 31, 
2006, to be as follows:

[[Page 45223]]



------------------------------------------------------------------------
               Manufacturer / Exporter                 Margin (percent)
------------------------------------------------------------------------
EchjayForgings Pvt., Ltd............................                0.00
Rollwell Forge, Ltd.................................               48.68
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to section 751(a)(1)(B) of the Tariff Act of 1930 
(the Tariff Act), and 19 CFR 351.212(b). The Department calculated 
importer-specific duty assessment rates on the basis of the ratio of 
the total amount of antidumping duties calculated for the examined 
sales to the total entered value of the examined sales observations for 
that importer. We intend to issue assessment instructions to CBP 15 
days after the date of publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
the merchandise was destined for the United States. In such instances, 
we will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for an intermediate company(ies) involved in 
the transaction. For a discussion of this clarification, see Notice of 
Policy Concerning Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication, as provided by 
section 751(a)(1) of the Tariff Act: (1) The cash deposit rates for the 
reviewed companies will be the rates indicated above; (2) for 
previously investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, or in the less-than-fair-value (LTFV) investigation, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recent period for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturer 
or exporters will continue to be 162.14 percent, the ``all others'' 
rate established in the LTFV investigation. See Amended Final 
Determination and Antidumping Duty Order; Certain Forged Stainless 
Steel Flanges from India, 59 FR 5994 (February 9, 1994). These cash 
deposit requirements shall remain in effect until publication of the 
final results of the next administrative review.

Notification of Interested Parties

    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 is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act.

    Dated: August 6, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.

APPENDIX - ISSUES RAISED IN DECISION MEMORANDUM

Comment 1: Cost of Raw Materials
Comment 2: Scrap Offset
Comment 3: Revocation
[FR Doc. E7-15810 Filed 8-10-07; 8:45 am]
BILLING CODE 3510-DS-S