Notice2022-26401
Finished Carbon Steel Flanges From India, Italy, and Spain: Continuation of Antidumping Duty Orders and Countervailing Duty Order
Primary source
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Published
December 5, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 232 (Monday, December 5, 2022)</title>
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[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Notices]
[Pages 74410-74411]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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</html>Indexed from Federal Register on December 5, 2022.
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