[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Notices]
[Pages 40136-40138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18056]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-871, A-475-835]


Finished Carbon Steel Flanges From India and Italy: Antidumping 
Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
ITC), the Department is issuing antidumping duty orders on finished 
carbon steel flanges from India and Italy.

DATES: Applicable August 24, 2017.

FOR FURTHER INFORMATION CONTACT: Fred Baker at (202) 482-2924 (India), 
Edythe Artman at (202) 482-3931 or Moses Song at (202) 482-5041 
(Italy), AD/CVD Operations, Office VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR

[[Page 40137]]

351.210(c), on June 29, 2017, the Department published its affirmative 
final determinations in the less-than-fair-value (LTFV) investigations 
of finished carbon steel flanges from India and Italy.\1\ On August 14, 
2017, the ITC notified the Department of its final affirmative 
determination that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act, by 
reason of the LTFV imports of finished carbon steel flanges from India 
and Italy.\2\ On August 17, 2017, the ITC published its final 
determination in the Federal Register.\3\
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    \1\ See Finished Carbon Steel Flanges from India: Final 
Determination of Sales at Less Than Fair Value, 82 FR 29483 (June 
29, 2017) (India Final Determination); see also Finished Carbon 
Steel Flanges from Italy: Final Determination of Sales at Less Than 
Fair Value, 82 FR 29481 (June 29, 2017) (Italy Final Determination).
    \2\ See section 735(d) of the Act (requiring notification); see 
also Letter from the ITC regarding ``Antidumping and Countervailing 
Duty Investigations of Finished Carbon Steel Flanges from India, and 
Antidumping Investigation of Finished Carbon Steel Flanges from 
Italy,'' dated August 14, 2017 (ITC Letter). See also Finished 
Carbon Steel Flanges from India and Italy: Investigation Nos. 701-
TA-563 and 731-TA-1331-1332 (Final), USITC Publication 4717 (August 
2017) (ITC Report).
    \3\ See Finished Carbon Steel Flanges From India and Italy; 
Determinations, 82 FR 39133 (August 17, 2017).
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Scope of the Orders

    The merchandise covered by these orders is finished carbon steel 
flanges from India and Italy. For a complete description of the scope 
of these orders, see Appendix of this notice.

Antidumping Duty Orders

    As stated above, on August 14, 2017, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determinations that an industry in the United States is materially 
injured by reason of imports of finished carbon steel flanges from 
India and Italy.\4\ Therefore, in accordance with section 735(c)(2) of 
the Act, we are issuing these antidumping duty orders. Because the ITC 
determined that imports of finished carbon steel flanges from India and 
Italy are materially injuring a U.S. industry, unliquidated entries of 
such merchandise from India and Italy, entered or withdrawn from 
warehouse for consumption, are subject to the assessment of antidumping 
duties.
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    \4\ See ITC Letter and ITC Report.
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    As a result of the ITC's final affirmative determination, in 
accordance with section 736(a)(1) of the Act, the Department will 
direct U.S. Customs and Border Protection (CBP) to assess, upon further 
instruction by the Department, antidumping duties equal to the amount 
by which the normal value of the merchandise exceeds the export price 
(or constructed export price) of the merchandise, for all relevant 
entries of finished carbon steel flanges from India and Italy. 
Antidumping duties will be assessed on unliquidated entries of finished 
carbon steel flanges from India and Italy entered, or withdrawn from 
warehouse, for consumption on or after February 8, 2017, the date of 
publication of the preliminary determinations,\5\ but will not include 
entries occurring after the expiration of the provisional measures 
period and before publication in the Federal Register of the ITC's 
injury determination, as further described below.
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    \5\ See Finished Carbon Steel Flanges From India: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 82 FR 9719 (February 8, 2017) (Italy 
Preliminary Determination); Finished Carbon Steel Flanges from 
Italy: Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 82 FR 9711 (February 8, 
2017) (India Preliminary Determination).
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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of finished carbon steel flanges from India and Italy. These 
instructions suspending liquidation will remain in effect until further 
notice.
    We will also instruct CBP to require cash deposits for estimated 
antidumping duties equal to the estimated weighted-average dumping 
margins indicated below. Accordingly, applicable August 17, 2017, the 
date of publication in the Federal Register of the ITC's final 
affirmative injury determinations, CBP will require, at the same time 
as importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the estimated weighted-average 
dumping margins listed below.\6\ The relevant ``all-others'' rates 
apply to all producers or exporters not specifically listed, as 
appropriate.
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    \6\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of finished carbon steel flanges from India and Italy, the 
Department extended the four-month period to six months in each 
case.\7\ In the underlying investigations, the Department published the 
preliminary determinations on February 8, 2017. Therefore, the extended 
period, beginning on the date of publication of the preliminary 
determinations, ended on August 6, 2017. Furthermore, section 737(b) of 
the Act states that the collection of final cash deposits will begin on 
the date of publication of the ITC's final injury determination.
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    \7\ See India Preliminary Determination, 82 FR at 9721 and Italy 
Preliminary Determination, 82 FR at 9713.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of finished carbon steel flanges from India and 
Italy entered, or withdrawn from warehouse, for consumption after 
August 6, 2017, until and through August 16, 2017, the day preceding 
the date of publication of the ITC's final injury determination in the 
Federal Register.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins for each antidumping 
order are as follows:

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                                                 Estimated weighted-
               Exporter/producer                   average dumping     Cash deposit rate (adjusted for subsidy
                                                  margin (percent)                offsets) (percent)
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                                                      India
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Norma (India) Limited \8\......................               11.32  8.56.\9\

[[Page 40138]]

 
R. N. Gupta & Co., Ltd.........................               12.58  9.27.\10\
All-Others.....................................               11.95  8.91.\11\
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                                                      Italy
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Metalfar Prodotti Industriali S.p.A............              204.53  Not Applicable.
Officine Ambrogio Melesi & C. S.r.l \12\.......              204.53  Not Applicable.
All-Others.....................................               79.17  Not Applicable.
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Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
finished carbon steel flanges from India and Italy pursuant to section 
736(a) of the Act. Interested parties can find a list of antidumping 
duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
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    \8\ The Department has determined that Norma (India) Limited and 
USK Exports Private Limited and Uma Shanker Khandelwal & Co. and 
Bansidhar Chiranjilal are a single entity. See Memorandum, ``Less-
Than-Fair-Value Investigation of Finished Carbon Steel Flanges from 
India: Preliminary Affiliation and Collapsing Memorandum for Norma 
(India) Limited,'' dated January 26, 2017, at 8-9, unchanged in 
India Final Determination.
    \9\ See India Final Determination, 82 FR at 29484.
    \10\ Id.
    \11\ Id.
    \12\ The Department has determined that Officine Ambrogio Melesi 
& C. S.r.l and ASFO S.p.A. are a single entity. See Memorandum, 
``Less-Than-Fair-Value Investigation of Finished Carbon Steel 
Flanges from Italy: Affiliation and Collapsing Memorandum for 
Officine Ambrogio Melesi & C. S.r.l.,'' dated January 26, 2017, at 
7, unchanged in Italy Final Determination.
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    These orders are published in accordance with section and 736(a) of 
the Act and 19 CFR 351.211(b).

    Dated: August 21, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The scope of these orders covers finished carbon steel flanges. 
Finished carbon steel flanges differ from unfinished carbon steel 
flanges (also known as carbon steel flange forgings) in that they 
have undergone further processing after forging, including, but not 
limited to, beveling, bore threading, center or step boring, face 
machining, taper boring, machining ends or surfaces, drilling bolt 
holes, and/or de-burring or shot blasting. Any one of these post-
forging processes suffices to render the forging into a finished 
carbon steel flange for purposes of these orders. However, mere heat 
treatment of a carbon steel flange forging (without any other 
further processing after forging) does not render the forging into a 
finished carbon steel flange for purposes of this order.
    While these finished carbon steel flanges are generally 
manufactured to specification ASME B16.5 or ASME B16.47 series A or 
series B, the scope is not limited to flanges produced under those 
specifications. All types of finished carbon steel flanges are 
included in the scope regardless of pipe size (which may or may not 
be expressed in inches of nominal pipe size), pressure class 
(usually, but not necessarily, expressed in pounds of pressure, 
e.g., 150, 300, 400, 600, 900, 1,500, 2,500, etc.), type of face 
(e.g., flat face, full face, raised face, etc.), configuration 
(e.g., weld neck, slip on, socket weld, lap joint, threaded, etc.), 
wall thickness (usually, but not necessarily, expressed in inches), 
normalization, or whether or not heat treated. These carbon steel 
flanges either meet or exceed the requirements of the ASTM A105, 
ASTM A694, ASTM A181, ASTM A350 and ASTM A707 standards (or 
comparable foreign specifications). The scope includes any flanges 
produced to the above-referenced ASTM standards as currently stated 
or as may be amended. The term ``carbon steel'' under this scope is 
steel in which:
    (a) Iron predominates, by weight, over each of the other 
contained elements:
    (b) The carbon content is 2 percent or less, by weight; and
    (c) none of the elements listed below exceeds the quantity, by 
weight, as indicated:
    (i) 0.87 percent of aluminum;
    (ii) 0.0105 percent of boron;
    (iii) 10.10 percent of chromium;
    (iv) 1.55 percent of columbium;
    (v) 3.10 percent of copper;
    (vi) 0.38 percent of lead;
    (vii) 3.04 percent of manganese;
    (viii) 2.05 percent of molybdenum;
    (ix) 20.15 percent of nickel;
    (x) 1.55 percent of niobium;
    (xi) 0.20 percent of nitrogen;
    (xii) 0.21 percent of phosphorus;
    (xiii) 3.10 percent of silicon;
    (xiv) 0.21 percent of sulfur;
    (xv) 1.05 percent of titanium;
    (xvi) 4.06 percent of tungsten;
    (xvii) 0.53 percent of vanadium; or
    (xviii) 0.015 percent of zirconium.
    Finished carbon steel flanges are currently classified under 
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff 
Schedule of the United States (HTSUS). They may also be entered 
under HTSUS subheadings 7307.91.5030 and 7307.91.5070. The HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope is dispositive.

[FR Doc. 2017-18056 Filed 8-23-17; 8:45 am]
BILLING CODE 3510-DS-P