[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43374-43376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10789]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-877, A-570-064, C-533-878, C-570-065]


Stainless Steel Flanges From the People's Republic of China and 
India: Final Results of Changed Circumstances Reviews and Revocation of 
the Antidumping and Countervailing Duty Orders, in Part

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

SUMMARY: The U.S. Department of Commerce (Commerce) is issuing the 
final results of changed circumstances reviews (CCRs) of the 
antidumping duty and countervailing duty orders on stainless steel 
flanges from the People's Republic of China (China) and India to revoke 
the orders, in part, with respect to stainless steel flanges produced 
to specification SAE J518 (or its international equivalent, ISO 6162).

DATES: Applicable May 17, 2024.

FOR FURTHER INFORMATION CONTACT: Sun Cho, 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) 482-6458.

SUPPLEMENTARY INFORMATION:

Background

    On March 29, 2024, Commerce published its initiation and 
preliminary results in the CCRs on stainless steel flanges from China 
and India,\1\ in which Commerce found that changed circumstances 
warranted revocation of the Orders,\2\ in part, with respect to

[[Page 43375]]

certain stainless steel flanges that are produced to specification SAE 
J518 (or its international equivalent, ISO 6162), and not to any other 
specification. Commerce provided interested parties with the 
opportunity to comment and request a public hearing regarding the 
Preliminary Results. Commerce did not receive any comments from 
interested parties.
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    \1\ See Stainless Steel Flanges from the People's Republic of 
China and India: Initiation and Preliminary Results of Changed 
Circumstances Reviews and Intent to Revoke the Antidumping and 
Countervailing Duty Orders, in Part, 89 FR 22120 (March 29, 2024) 
(Preliminary Results).
    \2\ See Stainless Steel Flanges from the People's Republic of 
China: Countervailing Duty Order, 83 FR 26006 (June 5, 2018) (China 
CVD Order); Stainless Steel Flanges from the People's Republic of 
China: Antidumping Duty Order, 83 FR 37468 (August 1, 2018) (China 
AD Order); Stainless Steel Flanges from India: Antidumping Duty 
Order, 83 FR 50639 (October 9, 2018) (India AD Order); and Stainless 
Steel Flanges from India: Countervailing Duty Order, 83 FR 50336 
(October 5, 2018) (India CVD Order) (collectively, Orders).
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Final Results of Changed Circumstances Reviews and Revocation of the 
Orders, in Part

    We conducted these CCRs based on a request from Anchor Fluid Power 
(Anchor), an importer of stainless steel flanges. Anchor requested that 
Commerce issue the final results of these CCRs on an expedited basis 
(i.e., within 45 days of publication of the Preliminary Results in the 
Federal Register) pursuant to 19 CFR 351.216(e) or by May 13, 2024.\3\ 
Because no party submitted comments opposing the Preliminary Results of 
these CCRs, and the record contains no other information or evidence 
that calls into question the Preliminary Results, Commerce determines, 
pursuant to sections 751(d)(1) and 782(h) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.222(g), that there are changed 
circumstances that warrant revocation of the Orders, in part, with 
respect to the stainless steel flanges subject to Anchor's request. 
Consequently, there is no decision memorandum accompanying this notice.
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    \3\ See Anchor's Letter, ``Request to Expedite Final Results of 
Changed Circumstances Review,'' dated April 17, 2024.
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    Specifically, because producers accounting for substantially all of 
the production of the domestic like product to which the Orders pertain 
have not expressed interest in maintaining the relief provided by the 
Orders with respect to certain stainless steel flanges, as described 
below, Commerce is revoking the Orders, in part, with respect to the 
following product:
    The stainless steel flanges produced to specification SAE J518 (or 
its international equivalent, ISO 6162) and not to any other 
specification.
    The revised scope for the Orders is below.

Scope of the Orders

    The scope of the Orders covers 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 the Orders are cast stainless steel flanges. Cast stainless 
steel flanges generally are manufactured to specification ASTM A351.
    Also excluded from the scope are stainless steel flanges produced 
to specification SAE J518 (or its international equivalent, ISO 6162) 
and not to any other specification.
    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 Orders if performed in the 
country of manufacture of the stainless steel flanges.
    Merchandise subject to the Orders 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.

Application of the Final Results of These Reviews

    Anchor requested that Commerce apply the final results of these 
reviews retroactively. Commerce has discretion to determine the 
applicable date of the determination pursuant to section 751(d)(3) the 
Act, which provides that ``{a{time}  determination under this section 
to revoke an order . . . shall apply with respect to unliquidated 
entries of the subject merchandise which are entered, or withdrawn from 
warehouse, for consumption on or after the date determined by the 
administering authority.'' Commerce also notes that substantially all 
of the domestic industry, which is in support of the partial 
revocation, also agrees with applying the partial revocation 
retroactively. Because Anchor did not provide a specific date as to 
which it believes the final results should retroactively apply, 
Commerce is applying the partial revocation to unliquidated entries of 
merchandise subject to the CCRs that were entered or withdrawn from 
warehouse, for consumption, on or after the day following the last day 
of the period covered by the most recently-completed administrative 
review of each of the Orders, and are not already subject to automatic 
liquidation instructions.

Instructions to U.S. Customs and Border Protection (CBP)

    Because we determine there are changed circumstances that warrant 
the revocation of the Orders, in part, we will instruct CBP to 
liquidate without regard to antidumping and countervailing duties, and 
to refund any estimated antidumping and countervailing duties on all 
unliquidated entries of the merchandise covered by this partial 
revocation, effective as follows: January 1, 2022 (India CVD Order); 
October 1, 2022 (India AD Order); January 1, 2023 (China CVD Order); 
and August 1, 2023 (China AD Order).
    Commerce intends to issue instructions to CBP no earlier than 35 
days after the date of publication of these final results of CCRs in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the 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).

[[Page 43376]]

Administrative Protective Order

    This notice serves as a final 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 terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act, 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 
351.222.

    Dated: May 10, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-10789 Filed 5-16-24; 8:45 am]
BILLING CODE 3510-DS-P