[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43307-43308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14397]



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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; 2021-2022

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

SUMMARY: The U.S. 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) 
June 1, 2021, through May 31, 2022. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable July 7, 2023.

FOR FURTHER INFORMATION CONTACT: Carolyn Adie or 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) 482-6250 or (202) 482-6312, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2022, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an 
administrative review of the antidumping duty order on flanges from 
Spain.\1\ This review covers eight producers and/or exporters of the 
subject merchandise: (1) Aleaciones De Metales Sinterizados S.A.; (2) 
Central Y Almacenes; (3) Farina Group Spain; (4) Friedrich Geldbach 
Gmbh; (5) Grupo Cunado; (6) Transglory S.A.; (7) Tubacero, S.L.; and 
(8) ULMA Forja, S.Coop (ULMA).\2\ On September 23, 2022, we identified 
ULMA as the sole mandatory respondent in this review.\3\ On February 
22, 2023, we extended the deadline for the preliminary results by 120 
days, until June 30, 2023.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 48459 (August 9, 2022).
    \2\ Id.
    \3\ See Memorandum, ``Identification of Mandatory Respondent for 
the 2021-2022 Administrative Review of the Antidumping Duty Order on 
Finished Carbon Steel Flanges from Spain,'' dated September 23, 
2022.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
22, 2023.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\5\ A list of topics included in the Preliminary Decision 
Memorandum is included as the appendix to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx/.
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    \5\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Finished Carbon Steel Flanges from Spain; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order \6\
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    \6\ See Finished Carbon Steel Flanges from Spain: Antidumping 
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
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    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. For a complete description of 
the scope of the Order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting 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.

Non-Individually Examined Companies

    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} .'' We preliminarily 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.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period June 1, 2021, through May 31, 
2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
ULMA Forja, S.Coop..........................................        3.96
Aleaciones De Metales Sinterizados S.A......................        3.96
Central Y Almacenes.........................................        3.96
Farina Group Spain..........................................        3.96
Friedrich Geldbach Gmbh.....................................        3.96
Grupo Cunado................................................        3.96
Transglory S.A..............................................        3.96
Tubacero, S.L...............................................        3.96
------------------------------------------------------------------------

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon for its final results.

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 
seven days after the date on which the verification report is issued, 
unless Commerce alters the time limit. Rebuttal briefs may be filed no 
later than seven days after case briefs are due and may respond only to 
arguments raised in the case briefs.\7\ 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.\8\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\9\
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    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).

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[[Page 43308]]

    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.\10\ 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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    \10\ 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 issuance of 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.\11\ Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication of the final results of this review in 
the Federal Register. 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. If a timely summons is filed at the U.S. 
Court of International Trade, the assessment instructions will direct 
CBP not to liquidate relevant entries until the time for parties to 
file a request for a statutory injunction has expired (i.e., within 90 
days of publication).
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    \11\ See 19 CFR 351.212(b)(1).
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    Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent), we will calculate an importer-specific ad valorem 
duty assessment rate based on the ratio of the total amount of dumping 
calculated for the U.S. sales for a given importer to the total entered 
value of those sales. Where either the respondent's weighted-average 
dumping margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    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.\12\
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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,\13\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \13\ See Order, 82 FR at 27229.
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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 review period. 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 Order

    This notice also serves as a reminder to parties subject to an 
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: June 29, 2023.
Lisa W. Wang,
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. Currency Conversion
VI. Recommendation

[FR Doc. 2023-14397 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P