[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Notices]
[Pages 40026-40028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17328]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-815]


Finished Carbon Steel Flanges From Spain: Preliminary Results of 
Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers or exporters of finished carbon steel flanges (flanges) 
from Spain subject to this review made sales of subject merchandise at 
less than normal value during the period of review (POR) February 8, 
2017 through May 31, 2018. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable August 13, 2019.

FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6312.

SUPPLEMENTARY INFORMATION:

Background

    On June 14, 2017, we published in the Federal Register an 
antidumping duty (AD) order on flanges from Spain.\1\ On June 1, 2018, 
we published a notice of opportunity to request an administrative 
review of the Order.\2\ Based on timely requests for administrative 
review, we initiated an administrative review of six companies: (1) 
ULMA Forja, S.Coop (ULMA); (2) Grupo Cunado; (3) Tubacero, S.L.; (4) 
Ateaciones De Metales Sinterizados S.A.; (5) Transglory S.A.; and (6) 
Central Y Almacenes.\3\ On September 25, 2018, we selected ULMA as the 
sole mandatory respondent in this review.\4\ For a complete description 
of the events that followed the initiation of this administrative 
review, see the Preliminary Decision Memorandum.\5\ The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's AD and Countervailing Duty Centralized 
Electronic Service System (ACCESS). ACCESS is available to registered 
users at https://access.trade.gov, and to all parties in the Central 
Records Unit, Room B8024 of the main Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly on the internet at http://enforcement.trade.gov/frn/. The 
signed and the electronic versions of the Preliminary Decision 
Memorandum are identical in content. A list of topics included in the 
Preliminary Decision Memorandum is included as the appendix to this 
notice.
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    \1\ See Finished Carbon Steel Flanges from Spain: Antidumping 
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 83 FR 25429 (June 1, 2018).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 39688 (August 10, 2018).
    \4\ See Memorandum, ``Selection of Respondents for the 2017-2018 
Administrative Review of the Antidumping Duty Order on Finished 
Carbon Steel Flanges from Spain,'' dated September 25, 2018.
    \5\ See Memorandum, ``Finished Carbon Steel Flanges from Spain: 
Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review; 2017-2018,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018 through 
the resumption of operations on January 29, 2019.\6\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. On March 15, 
2019, we extended the deadline for the preliminary results by 120 
days.\7\ The revised deadline for these preliminary results is now 
August 9, 2019.
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    \6\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \7\ See Memorandum, ``Finished Carbon Steel Flanges from Spain: 
Extension of Time Limit for Preliminary Results of Antidumping Duty 
Administrative Review, 2017-2018,'' dated March 15, 2019.
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Scope of the Order

    The scope of the Order covers finished carbon steel flanges. 
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. A full description of the 
scope of the Order is contained in the Preliminary Decision Memorandum.

[[Page 40027]]

Methodology

    Commerce conducted this review in accordance with section 751 of 
the Tariff Act of 1930, as amended (the Act). Export price is 
calculated in accordance with section 772 of the Act. Normal value is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying these preliminary results, 
see the Preliminary Decision Memorandum.

Preliminary Results of Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period February 8, 2017 through May 31, 
2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter/manufacturer                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
ULMA Forja, S.Coop..........................................        4.40
Grupo Cunado................................................        4.40
Tubacero, S.L...............................................        4.40
Ateaciones De Metales Sinterizados S.A......................        4.40
Transglory S.A..............................................        4.40
Central Y Almacenes.........................................        4.40
------------------------------------------------------------------------

All-Others Rate

    For the rate for non-selected respondents in an administrative 
review, generally, Commerce looks to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in a 
market economy investigation. Under section 735(c)(5)(A) of the Act, 
the all-others rate is normally ``an amount equal to the weighted-
average of the estimated weighted-average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .'' In this segment of the proceeding, 
we calculated a margin for ULMA that was not zero, de minimis, or based 
on facts available. Accordingly, we have preliminarily applied the 
margin calculated for ULMA to the non-individually examined 
respondents.

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after public 
announcement of the preliminary results in accordance with 19 CFR 
351.224(b). Interested parties may submit case briefs no later than 30 
days after the date of publication of these preliminary results of 
review.\8\ Rebuttal briefs may be filed no later than five days after 
case briefs are due and may respond only to arguments raised in the 
case briefs.\9\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue, (2) a brief summary of the argument, and (3) a 
table of authorities.\10\
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    \8\ See 19 CFR 351.309(c)(ii).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time within 30 days after the date of publication of 
this notice.\11\ Requests should contain: (1) The party's name, address 
and telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs.
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    \11\ See 19 CFR 351.310(c).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rate

    Upon issuing the final results, Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries covered by this review.\12\ If the respondent's 
weighted-average dumping margin is above de minimis (i.e., 0.50 
percent) in the final results of this review, we intend to calculate an 
importer-specific assessment rate on the basis of the ratio of the 
total amount of antidumping duties calculated for the importer's 
examined sales and the total entered value of the sales in accordance 
with 19 CFR 351.212(b)(1).\13\ If the respondent's weighted-average 
dumping margin is zero or de minimis in the final results, we will 
instruct CBP not to assess duties on any of its entries in accordance 
with the Final Modification for Reviews.\14\ The final results of this 
administrative review shall be the basis for the assessment of 
antidumping duties on entries of merchandise under review and for 
future deposits of estimated duties, where applicable.
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \14\ Id., 77 FR at 8102.
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    For entries of subject merchandise during the POR produced by ULMA 
for which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements for estimated antidumping duties 
will be effective upon publication of the notice of final results of 
this review for all shipments of flanges from Spain entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication as provided by section 751(a)(2) of the Act: (1) The cash 
deposit rate for the companies under review, will be the rate 
established in the final results of the review (except, if the rate is 
zero or de minimis, no cash deposit will be required); (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior segment of the proceeding, 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 investigation but the 
producer is, the cash deposit rate will be the rate established for the 
most recent period for the producer of the merchandise; (4) the cash 
deposit rate for all other producers or exporters will continue to be 
18.81 percent,\15\ the all-others rate established in the less-than-
fair-value investigation.
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    \15\ See Order, 82 FR 27229.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice serves as a preliminary 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 POR.

[[Page 40028]]

Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).

    Dated: August 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2019-17328 Filed 8-12-19; 8:45 am]
BILLING CODE 3510-DS-P