[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Notices]
[Pages 74410-74411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26401]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-871, A-475-835, A-469-815, C-533-872]


Finished Carbon Steel Flanges From India, Italy, and Spain: 
Continuation of Antidumping Duty Orders and Countervailing Duty Order

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders on finished carbon 
steel flanges (flanges) from India, Italy, and Spain and countervailing 
duty (CVD) order on flanges from India would likely lead to 
continuation or recurrence of dumping, net countervailable subsidies, 
and material injury to an industry in the United States, Commerce is 
publishing a notice of continuation of these AD and CVD orders.

DATES: Applicable November 30, 2022.

FOR FURTHER INFORMATION CONTACT: James Hepburn or Emily Bradshaw, AD/
CVD Operations, Office VI, Enforcement

[[Page 74411]]

and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-1882 or (202) 482-3896, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 14, 2017, Commerce published in the Federal Register the AD 
order on flanges from Spain, and on August 24, 2017, Commerce published 
in the Federal Register the AD orders on flanges from India and Italy 
and the CVD order on flanges from India.\1\ On May 2, 2022, the ITC 
instituted,\2\ and Commerce initiated,\3\ the first sunset review of 
the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). As a result of its reviews, Commerce determined that 
revocation of the Orders would likely lead to the continuation or 
recurrence of dumping and countervailable subsidies, and therefore, 
notified the ITC of the magnitude of the margins of dumping and net 
countervailable subsidy rates likely to prevail should the Orders be 
revoked.\4\
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    \1\ See Finished Carbon Steel Flanges from Spain: Antidumping 
Duty Order, 82 FR 27229 (June 14, 2017); Finished Carbon Steel 
Flanges from India and Italy: Antidumping Duty Orders, 82 FR 40136 
(August 24, 2017); and Finished Carbon Steel Flanges from India: 
Countervailing Duty Order, 82 FR 40138 (August 24, 2017) 
(collectively, Orders).
    \2\ See Finished Carbon Steel Flanges from India, Italy, and 
Spain; Institution of Five-Year Reviews, 87 FR 25662 (May 2, 2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 25617, 
25618 (May 2, 2022).
    \4\ See Finished Carbon Steel Flanges from India, Italy, and 
Spain: Final Results of the Expedited First Sunset Review of the 
Antidumping Duty Orders, 87 FR 52910 (August 30, 2022), and 
accompanying Issues and Decision Memorandum (IDM); and Finished 
Carbon Steel Flanges from India: Final Results of the Expedited 
First Sunset Review of the Countervailing Duty Order, 87 FR 53722 
(September 1, 2022), and accompanying IDM.
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    On November 21, 2022, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Finished Carbon Steel Flanges from India, Italy, and 
Spain, 87 FR 70866 (November 21, 2022).
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Scope of the Orders

    The scope of the 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 the 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 the Orders.
    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, 1500, 2500, 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.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping, net countervailable subsidies, and material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act, Commerce hereby orders the continuation of the 
Orders. U.S. Customs and Border Protection will continue to collect AD 
and CVD cash deposits at the rates in effect at the time of entry for 
all imports of subject merchandise.
    The effective date of the continuation of the Orders will be 
November 30, 2022. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next five-year reviews of the Orders not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply with the regulations and terms 
of the APO is a sanctionable violation.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: November 29, 2022.
Lisa Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-26401 Filed 12-2-22; 8:45 am]
BILLING CODE 3510-DS-P