[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Pages 42654-42658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19293]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-878; C-570-065]
Stainless Steel Flanges From India and the People's Republic of
China: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective September 11, 2017.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta at (202) 482-2593;
Carrie Bethea at (202) 482-1491 (the People's Republic of China); Ryan
Mullen at (202) 482-5260 (India), AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On August 16, 2017, the U.S. Department of Commerce (the
Department) received countervailing duty (CVD) Petitions concerning
imports of stainless steel flanges from India and the People's Republic
of China (the PRC), filed in proper form on behalf of the Coalition of
American Flange Producers and its individual members, Core Pipe
Products, Inc., and Maass Flange Corporation (collectively ``the
petitioners''). The CVD Petitions were accompanied by antidumping duty
(AD) Petitions concerning imports of stainless steel flanges from both
of the countries listed above.\1\ The petitioners are domestic
producers of stainless steel flanges.\2\
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\1\ See Letter to the Secretary of Commerce from the petitioner
re: ``Stainless Steel Flanges from the People's Republic of China
and India: Petitions for the Imposition of Antidumping and
Countervailing Duties'' (August 16, 2017) (the Petitions).
\2\ Id., Volume I of the Petitions, at 1 and Exhibit I-1.
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On August 18, 2017, the Department requested supplemental
information pertaining to certain areas of the Petitions.\3\ The
petitioners filed responses to these requests on August 22, 2017.\4\
The petitioners filed revised scope language on August 22, 2017.\5\
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\3\ See Letter to the petitioners from the Department,
``Petition for the Imposition of Countervailing Duties on Imports of
Stainless Steel Flanges from India: Supplemental Questions'' (August
18, 2017) (India CVD Supplemental Questionnaire); see also Letter
from the Department, ``Petition for the Imposition of Antidumping
and Countervailing Duties on Imports of Stainless Steel Flanges from
India and the People's Republic of China: Supplemental Questions''
(August 28, 2017) (General Issues Supplemental Questionnaire); see
also Letter to the petitioners from the Department ``Petition for
the Imposition of Countervailing Duties on Imports of Stainless
Steel Flanges from the People's Republic of China: Supplemental
Questions'' (August 18, 2017) (PRC CVD Supplemental Questionnaire).
\4\ See Letter to the Secretary of Commerce from the
petitioners, ``Stainless Steel Flanges from the People's Republic of
China and India: Supplement to the Petitions for the Imposition of
Antidumping and Countervailing Duties--Response to the Department's
Supplemental Questions, Volume V Relating to India,'' (August 22,
2017) (India CVD Supplement); see also Letter to the Secretary of
Commerce from the petitioners, ``Stainless Steel Flanges from the
People's Republic of China and India: Supplement to the Petitions
for the Imposition of Antidumping and Countervailing Duties--
Response to the Department's Supplemental Questions, Volume I
Relating to Common Issues and Injury (August 22, 2017) (General
Issues Supplement); see also Letter to the Secretary of Commerce
from the petitioners, ``Stainless Steel Flanges from the People's
Republic of China and India: Supplement to the Petitions for the
Imposition of Antidumping and Countervailing Duties--Response to the
Department's Supplemental Questions, Volume III Relating to China,''
(August 22, 2017) (PRC CVD Supplement).
\5\ See General Issues Supplement at Exhibit I-Supp-5.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Governments of India
and the PRC are providing countervailable subsidies, within the meaning
of sections 701 and 771(5) of the Act, to imports of stainless steel
flanges from India and the PRC, respectively, and that such imports are
materially injuring, or threatening material injury to, the domestic
industry producing stainless steel flanges in the United States. Also,
consistent with section 702(b)(1) of the Act, for those alleged
programs on which we are initiating a CVD investigation, the Petitions
are accompanied by information reasonably available to the petitioners
supporting their allegations.
The Department finds that the petitioners filed these Petitions on
behalf of the domestic industry because the petitioners are interested
parties as defined in sections 771(9)(C) and (F) of the Act. The
Department also finds that the petitioners demonstrated sufficient
industry support with respect to the
[[Page 42655]]
initiation of the CVD investigations that the petitioners are
requesting.\6\
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\6\ See ``Determination of Industry Support for the Petition''
section, below.
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Period of Investigation
Because the Petitions were filed on August 16, 2017, the period of
investigation (POI) for both the investigation of India and the
investigation of the PRC is January 1, 2016, through December 31, 2016.
Scope of the Investigations
The products covered by these investigations are stainless steel
flanges from India and the PRC. For a full description of the scope of
these investigations, see the ``Scope of the Investigations,'' in the
Appendix to this notice.
Comments on Scope of the Investigations
During our review of the Petitions, the Department issued questions
to, and received responses from, the petitioners pertaining to the
proposed scope to ensure that the scope language in the Petitions would
be an accurate reflection of the products for which the domestic
industry is seeking relief.\7\
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\7\ See General Issues Supplemental Questionnaire; see also
General Issues Supplement.
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As discussed in the preamble to the Department's regulations, we
are setting aside a period for interested parties to raise issues
regarding product coverage (scope).\8\ The Department will consider all
comments received from interested parties and, if necessary, will
consult with the interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\9\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
the Department requests all interested parties to submit such comments
by 5:00 p.m. Eastern Time (ET) on September 25, 2017, which is 20
calendar days from the signature date of this notice. Any rebuttal
comments, which may include factual information, must be filed by 5:00
p.m. ET on October 5, 2017, which is 10 calendar days from the initial
comments deadline. All such comments must be filed on the records of
each of the concurrent AD and CVD investigations.
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\8\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\9\ See 19 CFR 351.102(b)(21).
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The Department requests that any factual information the parties
consider relevant to the scope of the investigations be submitted
during this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact the Department
and request permission to submit the additional information.
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS).\10\ An
electronically filed document must be received successfully in its
entirety by the time and date it is due. Documents exempted from the
electronic submission requirements must be filed manually (i.e., in
paper form) with Enforcement and Compliance's APO/Dockets Unit, Room
18022, U.S. Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230, and stamped with the date and time of receipt by
the applicable deadlines.
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\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of the Department's electronic
filing requirements, which went into effect on August 5, 2011.
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, the
Department notified representatives of the Governments of India (GOI)
and the PRC (GOC) of the receipt of the Petitions, and provided them
the opportunity for consultations with respect to the CVD
Petitions.\11\
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\11\ See Letter to the Embassy of India, ``Countervailing Duty
Petition on Stainless Steel Flanges from India: Invitation for
Consultations to Discuss the Countervailing Duty Petition'' (August
24, 2017); see also Letter to the Embassy of the People's Republic
of China, ``Countervailing Duty Petition on Stainless Steel Flanges
from the People's Republic of China: Invitation for Consultations to
Discuss the Countervailing Duty Petition'' (August 24, 2017).
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers, as a whole, of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, the Department's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\13\
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\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petitions).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations. Based on our analysis of the information
submitted on the record, we have determined that stainless steel
flanges, as defined in the
[[Page 42656]]
scope, constitute a single domestic like product, and we have analyzed
industry support in terms of that domestic like product.\14\
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\14\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Countervailing Duty Investigation Initiation Checklist:
Stainless Steel Flanges from India (India CVD Initiation Checklist),
at Attachment II, ``Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Stainless Steel Flanges
from India and the People's Republic of China;'' see also
Countervailing Duty Investigation Initiation Checklist: Stainless
Steel Flanges from the People's Republic of China (PRC CVD
Initiation Checklist), at Attachment II, ``Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Stainless Steel Flanges from India and the People's
Republic of China.'' These checklists are dated concurrently with
this notice and on file electronically via ACCESS. Access to
documents filed via ACCESS is also available in the Central Records
Unit, Room B8024 of the main Department of Commerce building.
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In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in Appendix I of
this notice. The petitioners provided their own 2016 production of the
domestic like product, and compared this to the estimated total
production of the domestic like product for the entire domestic
industry.\15\ We relied on data the petitioners provided for purposes
of measuring industry support.\16\
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\15\ See Volume I of the Petitions, at 2-3 and Exhibit I-3; see
also General Issues Supplement, at 6-7.
\16\ Id. For further discussion, see India CVD Initiation
Checklist and PRC CVD Initiation Checklist, at Attachment II.
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Our review of the data provided in the Petitions, General Issues
Supplement, and other information readily available to the Department
indicates that the petitioners have established industry support for
the Petitions.\17\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such, the
Department is not required to take further action in order to evaluate
industry support (e.g., polling).\18\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 702(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\19\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\20\ Accordingly, the Department
determines that the Petitions were filed on behalf of the domestic
industry within the meaning of section 702(b)(1) of the Act.
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\17\ See India CVD Initiation Checklist and PRC CVD Initiation
Checklist, at Attachment II.
\18\ See section 702(c)(4)(D) of the Act; see also India CVD
Initiation Checklist and PRC CVD Initiation Checklist, at Attachment
II.
\19\ See India CVD Initiation Checklist and PRC CVD Initiation
Checklist, at Attachment II.
\20\ Id.
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The Department finds that the petitioners filed the Petitions on
behalf of the domestic industry because they are interested parties as
defined in sections 771(9)(C) and (F) of the Act and they have
demonstrated sufficient industry support with respect to the CVD
investigations that they are requesting that the Department
initiate.\21\
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\21\ Id.
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Injury Test
Because the PRC and India are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from the PRC and
India materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\22\ In CVD petitions, section
771(24)(B) of the Act provides that imports of subject merchandise from
developing and least developed countries must exceed the negligibility
threshold of four percent. The petitioners also demonstrate that
subject imports from India, which has been designated as a least
developed country under section 771(36)(B) of the Act, exceed the
negligibility threshold of four percent.\23\
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\22\ See Volume I of the Petitions, at 19-20 and Exhibit I-8.
\23\ Id.
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The petitioners contend that the industry's injured condition is
illustrated by reduced market share; underselling and price suppression
or depression; lost sales and revenues; and declining financial
performance.\24\ We have assessed the allegations and supporting
evidence regarding material injury, threat of material injury, and
causation, and we have determined that these allegations are properly
supported by adequate evidence, and meet the statutory requirements for
initiation.\25\
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\24\ See Volume I of the Petitions, at 9-32 and Exhibits I-4, I-
8 and I-10; see also General Issues Supplement, at 1, 8-9 and
Exhibit I-Supp-1.
\25\ See PRC CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Stainless Steel Flanges from the People's Republic of China
and India (Attachment III); and India CVD Initiation Checklist, at
Attachment III.
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Initiation of CVD Investigations
Based on the examination of the CVD Petitions, we find that the
Petitions meet the requirements of section 702 of the Act. Therefore,
we are initiating CVD investigations to determine whether imports of
stainless steel flanges from India and the PRC benefit from
countervailable subsidies conferred by the governments of these
countries. In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Under the Trade Preferences Extension Act of 2015, numerous
amendments to the AD and CVD laws were made.\26\ The 2015 law does not
specify dates of application for those amendments. On August 6, 2015,
the Department published an interpretative rule, in which it announced
the applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\27\ The amendments to
sections 776 and 782 of the Act are applicable to all determinations
made on or after August 6, 2015, and, therefore, apply to these CVD
investigations.\28\
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\26\ See Trade Preferences Extension Act of 2015, Pub. L. 114-
27, 129 Stat. 362 (2015).
\27\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice).
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
\28\ See Applicability Notice, 80 FR at 46794-95.
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India
Based on our review of the Petition, we find that there is
sufficient
[[Page 42657]]
information to initiate a CVD investigation on 41 of the 44 alleged
programs in India. For a full discussion of the basis for our decision
to initiate or not initiate on each program, see the India CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
The PRC
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 28 alleged
programs and one other program, in part. For a full discussion of the
basis for our decision to initiate on each program, see the PRC CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Respondent Selection
The petitioners named 43 and 80 companies as producers/exporters of
stainless steel flanges in India and the PRC, respectively.\29\ The
Department intends to follow its standard practice in CVD
investigations and calculate company-specific subsidy rates in this
investigation. In the event the Department determines that the number
of companies is large and it cannot individually examine each company
based upon the Department's resources, where appropriate, the
Department intends to select mandatory respondents based on U.S.
Customs and Border Protection (CBP) data for U.S. imports of stainless
steel flanges from India and the PRC during the POI under the
appropriate Harmonized Tariff Schedule of the United States numbers
listed in the ``Scope of the Investigation,'' in the Appendix.
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\29\ See Volume I of the Petitions at Exhibit I-7; see also
General Issues Supplement, at 1.
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On August 31, 2017, the Department released CBP data under APO to
all parties with access to information protected by APO and indicated
that interested parties wishing to comment regarding the CBP data and
respondent selection must do so within three business days of the
publication date of the notice of initiation of this CVD
investigation.\30\ The Department will not accept rebuttal comments
regarding the CBP data or respondent selection.
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\30\ See Memorandum, ``Stainless Steel Flanges from India: U.S.
Customs Data for Respondent Selection,'' dated August 31, 2017;
Memorandum, ``Stainless Steel Flanges from the PRC: U.S. Customs
Data for Respondent Selection,'' dated August 31, 2017.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Department's Web site at http://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions regarding respondent selection
within 20 days of publication of this notice.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the GOI and GOC via ACCESS. To the extent practicable, we
will attempt to provide a copy of the public version of the Petitions
to each exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of stainless steel flanges from India and the
PRC are materially injuring, or threatening material injury to, a U.S.
industry.\31\ A negative ITC determination will result in the
investigations being terminated.\32\ Otherwise, these investigations
will proceed according to statutory and regulatory time limits.
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\31\ See section 703(a)(2) of the Act.
\32\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i)-(iv). 19 CFR 351.301(b) requires
any party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
\33\ and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\34\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in these
investigations.
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\33\ See 19 CFR 351.301(b).
\34\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301 expires. For submissions
that are due from multiple parties simultaneously, an extension request
will be considered untimely if it is filed after 10:00 a.m. ET on the
due date. Under certain circumstances, we may elect to specify a
different time limit by which extension requests will be considered
untimely for submissions which are due from multiple parties
simultaneously. In such a case, we will inform parties in the letter or
memorandum setting forth the deadline (including a specified time) by
which extension requests must be filed to be considered timely. An
extension request must be made in a separate, stand-alone submission;
under limited circumstances we will grant untimely-filed requests for
the extension of time limits. Parties should review Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at
http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior
to submitting factual information in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\35\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives.\36\
[[Page 42658]]
Investigations initiated on the basis of petitions filed on or after
August 16, 2013, and other segments of any AD or CVD proceedings
initiated on or after August 16, 2013, should use the formats for the
revised certifications provided in 19 CFR 351.303(g). The Department
intends to reject factual submissions if the submitting party does not
comply with the applicable revised certification requirements.
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\35\ See section 782(b) of the Act.
\36\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in this investigation should
ensure that they meet the requirements of these procedures (e.g., the
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act.
Dated: September 5, 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 Investigations
The products covered by these investigations are certain forged
stainless steel flanges, whether unfinished, semi-finished, or
finished (certain forged stainless steel flanges). Certain forged
stainless steel flanges are generally manufactured to, but not
limited to, the material specification of ASTM/ASME A/SA182 or
comparable domestic or foreign specifications. Certain forged
stainless steel flanges are made in various grades such as, but not
limited to, 304, 304L, 316, and 316L (or combinations thereof). The
term ``stainless steel'' used in this scope refers to an alloy steel
containing, by actual weight, 1.2 percent or less of carbon and 10.5
percent or more of chromium, with or without other elements.
Unfinished stainless steel flanges possess the approximate shape
of finished stainless steel flanges and have not yet been machined
to final specification after the initial forging or like operations.
These machining processes may include, but are not limited to,
boring, facing, spot facing, drilling, tapering, threading,
beveling, heating, or compressing. Semi-finished stainless steel
flanges are unfinished stainless steel flanges that have undergone
some machining processes.
The scope includes six general types of flanges. They are: (1)
Weld neck, generally used in butt-weld line connection; (2)
threaded, generally used for threaded line connections; (3) slip-on,
generally used to slide over pipe; (4) lap joint, generally used
with stub-ends/butt-weld line connections; (5) socket weld,
generally used to fit pipe into a machine recession; and (6) blind,
generally used to seal off a line. The sizes and descriptions of the
flanges within the scope include all pressure classes of ASME B16.5
and range from one-half inch to twenty-four inches nominal pipe
size. Specifically excluded from the scope of these orders are cast
stainless steel flanges. Cast stainless steel flanges generally are
manufactured to specification ASTM A351.
The country of origin for certain forged stainless steel
flanges, whether unfinished, semi-finished, or finished is the
country where the flange was forged. Subject merchandise includes
stainless steel flanges as defined above that have been further
processed in a third country. The processing includes, but is not
limited to, boring, facing, spot facing, drilling, tapering,
threading, beveling, heating, or compressing, and/or any other
processing that would not otherwise remove the merchandise from the
scope of the investigations if performed in the country of
manufacture of the stainless steel flanges.
Merchandise subject to the investigations is typically imported
under headings 7307.21.1000 and 7307.21.5000 of the Harmonized
Tariff Schedule of the United States (HTS). While HTS subheadings
and ASTM specifications are provided for convenience and customs
purposes, the written description of the scope is dispositive.
[FR Doc. 2017-19293 Filed 9-8-17; 8:45 am]
BILLING CODE 3510-DS-P