[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63692-63693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25548]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-533-809


Certain Forged Stainless Steel Flanges from India; Rescission of 
Administrative Review

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

SUMMARY: On August 1, 2008, the Department of Commerce (the Department) 
published the preliminary intent to rescind and rescission in part for 
the administrative review of the antidumping duty order on certain 
forged stainless steel flanges (stainless steel flanges) from India 
manufactured by Pradeep Metals Limited (Pradeep) and covering the 
period February 1, 2007, through January 31, 2008. See Certain Forged 
Stainless Steel Flanges from India; Preliminary Intent to Rescind 
Administrative Review and Rescission in Part, 73 FR 44969 (August 1, 
2008) (Preliminary Intent). We are rescinding the review for Pradeep 
because we have determined that it had no bona fide U.S. sales during 
the period of review.

EFFECTIVE DATE: October 27, 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 August 1, 2008, the Department published the Preliminary Intent. 
In response to the Department's invitation to comment on the 
Preliminary Intent, Pradeep submitted comments on August 27, 2008. 
However, these comments included new, unsolicited information after the 
regulatory deadline for such information. Therefore, we returned the 
submission to Pradeep, and requested that it remove the new 
information. See the Department's letter to Pradeep dated September 8, 
2008. Pradeep resubmitted its comments on September 17, 2008. However, 
Pradeep had not removed the new, unsolicited information. Therefore, we 
returned Pradeep's comments, and have not considered them in these 
final results of review. See the Department's letter to Pradeep dated 
September 23, 2008.
    We also received comments from Rosemount, Inc. (Rosemount), the 
customer for Pradeep's U.S. sale, on September 2, 2008. However, this 
submission likewise contained new, unsolicited information after the 
deadline for such information. Therefore, we returned the submission to 
Rosemount with instructions to remove the new information. See the 
Department's letter to Rosemount dated September 8, 2008. We received 
Rosemount's revised comments on September 15, 2008. However, this 
version had filing deficiencies for which we returned the submission to 
Rosemount. See the Department's letter to Rosemount dated September 23, 
2008. Rosemount submitted a revised version on September 26, 2008.

Period of Review

    The period of review is February 1, 2007, to January 31, 2008.

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 
weldneck, 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.

Final Rescission of Review

    In the Preliminary Intent, we stated that we intended to rescind 
the review with respect to Pradeep because we had determined, based on 
the totality of the circumstances, that Pradeep's U.S. sale was not 
bona fide. See Preliminary Intent at 44970. We received comments from 
Rosemount which, as explained below, we have addressed in the issues 
and decision memorandum accompanying this notice. Rosemount's comments 
did not change our preliminary ruling announced in the Preliminary 
Intent. Therefore, we are rescinding this review with respect to 
Pradeep.

Analysis of Comments Received

    All issues raised in our Preliminary Intent are addressed in the 
``Issues and Decision Memorandum'' from Richard Weible, Director, 
Office 7, Import Administration, to Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, dated concurrently with this 
notice (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 1117 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/release/release.html. The paper 
copy and electronic version of the decision memorandum are identical in 
content.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. For 
Pradeep, antidumping duties shall be assessed at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of this notice.

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

[[Page 63693]]

this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred, and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: October 20, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.

Appendix - Issues Raised in Decision Memorandum

Comment: Bona Fide Sale
[FR Doc. E8-25548 Filed 10-24-08; 8:45 am]
BILLING CODE 3510-DS-S