[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Notices]
[Pages 50639-50641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21851]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-877]


Stainless Steel Flanges From India: Antidumping Duty Order

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

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

DATES: Applicable October 9, 2018.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Christian 
Llinas, AD/CVD Operations, Office V, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-7425 
and (202) 482-4877, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on August 16, 
2018, Commerce published its affirmative Final Determination in the 
less than fair value (LTFV) investigation of stainless steel flanges 
from India.\1\ On September 28, 2018, the ITC notified Commerce of its 
final determination pursuant to section 735(d) of the Act, that an 
industry in the United States is materially injured by reason of LTFV 
imports of stainless steel flanges from India, within the meaning of 
section 735(b)(1)(A) of the Act.\2\
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    \1\ See Stainless Steel Flanges from India: Final Affirmative 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Critical Circumstance Determination, 83 FR 40745 (August 16, 2018) 
(Final Determination).
    \2\ See ITC Letter regarding stainless steel flanges from India, 
dated September 28, 2018 (ITC Notification); see also Stainless 
Steel Flanges from China, Inv. No. 731-TA-1384 (Final), USITC Pub. 
4828 (September 2018).
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Scope of the Order

    The products covered by this order are stainless steel flanges from 
India. For a complete description of the scope of the order, see the 
Appendix to this notice.

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A) and 735(d) of the Act, the 
ITC has notified Commerce of its final determination in this 
investigation, in which it found that imports of stainless steel 
flanges from India are materially injuring a U.S. industry.\3\ 
Therefore, in accordance with sections 735(c)(2) and 736(a) of the Act, 
we are publishing this antidumping duty order.
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    \3\ See ITC Notification.
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    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by 
Commerce, 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 stainless 
steel flanges from India. These antidumping duties

[[Page 50640]]

will be assessed on unliquidated entries of stainless steel flanges 
from India entered, or withdrawn from warehouse, for consumption on or 
after March 28, 2018, the date of publication of the Preliminary 
Determination,\4\ but will not include entries occurring after the 
expiration of the provisional measures period and before publication of 
the ITC's final injury determination, as further described below.
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    \4\ See Stainless Steel Flanges from India: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 83 FR 13246 (March 28, 2018) (Preliminary Determination).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on entries of subject 
merchandise from India. We will also instruct CBP to require cash 
deposits equal to the estimated amount by which the normal value 
exceeds the U.S. price as indicated in the chart below. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, 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 antidumping 
duty margin.\5\ The ``All Others'' rate applies to all exporters of 
subject merchandise not specifically listed in the table below.
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    \5\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions to suspend 
liquidation issued 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 subject 
merchandise request to extend the four-month period to six months. The 
four-month period beginning on March 28, 2018, the date of publication 
of the Preliminary Determination, ended on August 10, 2018. 
Furthermore, section 737(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination.
    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 stainless steel flanges from India entered, or 
withdrawn from warehouse, for consumption on or after August 10, 2018, 
the day after which the provisional measures expired, until and through 
the day preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.

Estimated Dumping Margins

    Commerce determines that the estimated final weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                             Estimated
                                             weighted-     Cash deposit
                                              average          rate
          Exporter or producer                dumping      (adjusted for
                                              margin        offset(s))
                                             (percent)       (percent)
------------------------------------------------------------------------
Chandan.................................           19.16           14.29
Echjay single entity....................          145.25          140.38
Bebitz/Viraj single entity..............          145.25          145.25
All Others..............................           19.16           14.29
------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
stainless steel flanges from India, 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.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: October 2, 2018.
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 Order

    The products covered by this investigation 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 this investigation 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

[[Page 50641]]

the investigation if performed in the country of manufacture of the 
stainless-steel flanges.
    Merchandise subject to this investigation is typically imported 
under headings 7307.21.1000 and 7307.21.5000 of the Harmonized 
Tariff Schedule of the United States (HTSUS). While HTSUS 
subheadings and ASTM specifications are provided for convenience and 
customs purposes, the written description of the scope is 
dispositive.

[FR Doc. 2018-21851 Filed 10-5-18; 8:45 a.m.]
 BILLING CODE 3510-DS-P