[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Notices]
[Pages 30881-30883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11996]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-533-809


Certain Forged Stainless Steel Flanges from India; Final Results 
of Antidumping Duty Administrative Review and Rescission in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 5, 2008, the Department of Commerce (the

[[Page 30882]]

Department) published the preliminary results of the administrative 
review of the antidumping duty order on certain forged stainless steel 
flanges (stainless steel flanges) from India manufactured by Shree 
Ganesh Forgings, Ltd. (Shree Ganesh) and Nakshatra Enterprises Pvt., 
Ltd. (Nakshatra) covering the period February 1, 2006, through January 
31, 2007. See Certain Forged Stainless Steel Flanges from India; 
Preliminary Results of Antidumping Duty Administrative Review and 
Intent to Rescind Administrative Review in Part, 73 FR 11863 (March 5, 
2008) (Preliminary Results). Based on further analysis of our 
computations for Shree Ganesh, we have made changes in the margin 
calculation; therefore, the final results differ from the preliminary 
results for Shree Ganesh. The final weighted-average dumping margin for 
Shree Ganesh is listed below in the section entitled, ``Final Results 
of Review.'' We are also rescinding the review for Nakshatra because we 
have determined that it had no bona fide U.S. sales during the period 
of review.

EFFECTIVE DATE: May 29, 2008.

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 and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2924 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 5, 2008, the Department published the Preliminary Results. 
In response to the Department's invitation to comment on the 
preliminary results of review, Shree Ganesh submitted two sets of 
comments. However, we received these comments after the deadline for 
submitting comments, and they were not filed in proper form. Therefore, 
we returned them to Shree Ganesh, and have not considered them in these 
final results of review. See the Department's letter to Shree Ganesh 
dated April 17, 2008.
    We also received a request from the law firm of Miller Chevalier to 
extend the briefing period to allow for further briefing on behalf of 
Shree Ganesh. We received this request from Miller Chevalier on April 
7, 2008, after the comment period had already closed. We denied the 
request. See the Department's letter to Miller Chevalier dated April 
17, 2008.
    We received no comments from Nakshatra.

Period of Review

    The period of review (POR) is February 1, 2006, to January 31, 
2007.

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 (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 scope of the order.

Partial Rescission of Review

    In the preliminary results, we stated that we intended to rescind 
the review with respect to Nakshatra because we had determined, based 
on the totality of the circumstances, that Nakshatra's U.S. sales were 
not bona fide. See Preliminary Results at 11866. Nakshatra submitted no 
comments, and we have found no basis for changing the determination 
announced in the preliminary results. Therefore we are rescinding the 
review with respect to Nakshatra.

Changes Since the Preliminary Results

    Based on our analysis of the computer programming used in the 
preliminary results, we have made the following changes to the margin 
calculation for Shree Ganesh:
 We changed the names of two of the data sets to ensure use of 
the proper data;
 We removed language converting the variables for packing 
(PACKU) and total cost of manufacture (TCOMU) into U.S. dollars because 
the currency conversion for those variables is made later in the 
program;
 We removed language converting variable cost of manufacturing 
(VCOMU) into U.S. dollars because the conversion was unnecessary;
 We deleted references to constructed value (CV) data because 
Shree Ganesh did not submit a separate CV data base;
 We removed some of the language from the macro program because 
it was overriding some of the language written into the SAS program.
    See the final results analysis memorandum for additional details.

Final Results of Review

    As a result of our review, the Department finds the following 
weighted-average dumping margin exists for the period February 1, 2006, 
through January 31, 2007:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
  Shree Ganesh Forgings, Ltd........................               42.93
------------------------------------------------------------------------

Assessment

    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) of the Tariff Act of 1930, as 
amended (the Tariff Act), and 19 CFR 351.212(b). The Department 
calculated an assessment rate for each importer of the subject 
merchandise covered by the review.
    For any importer-specific assessment rates calculated in the final 
results that are above de minimis (i.e., at or above 0.50 percent), we 
will issue appraisement instructions directly to CBP to assess 
antidumping duties on appropriate entries by applying the assessment 
rate to the entered value of the merchandise. We will issue assessment 
instructions to CBP fifteen days after publication of these final 
results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Notice of Policy Concerning Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003). This clarification will apply to 
entries of subject merchandise during the POR produced by Shree Ganesh 
for which Shree Ganesh did not know the merchandise was destined for 
the United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the 162.14 percent all-others rate if there is no 
company-specific rate for an intermediary involved in the transaction. 
See id. for a full discussion of this clarification.

[[Page 30883]]

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results for all shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of these final results of administrative 
review, consistent with section 751(a)(1) of the Tariff Act: (1) the 
cash deposit rate for the reviewed company will be the rate listed 
above; (2) if the exporter is not a firm covered in this review, but 
was covered in a previous review or the original less-than-fair-value 
(LTFV) investigation, 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, a prior review, or the 
original LTFV investigation, but the manufacturer is, 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 manufacturers 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, 5995 (February 9, 
1994). These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.

Notification to 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 Department's presumption that 
reimbursement of antidumping duties occurred, and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition 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 or 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 notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act.

    Dated: May 20, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-11996 Filed 5-28-08; 8:45 am]
BILLING CODE 3510-DR-S