Notice2023-23990
Stainless Steel Flanges From India and the Peoples's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 31, 2023
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) and countervailing duty (CVD) orders on stainless steel flanges from India and the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD and CVD orders.
Full Text
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<title>Federal Register, Volume 88 Issue 209 (Tuesday, October 31, 2023)</title>
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[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74430-74432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23990]
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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 India and the Peoples's Republic of
China: Continuation of Antidumping and Countervailing Duty Orders
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) and countervailing duty
(CVD) orders on stainless steel flanges from India and the People's
Republic of China (China) would likely lead to a continuation or
recurrence of dumping,
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countervailable subsidies, and material injury to an industry in the
United States, Commerce is publishing a notice of continuation of the
AD and CVD orders.
DATES: Applicable October 24, 2023.
FOR FURTHER INFORMATION CONTACT: Emily Halle or Robert Galantucci, 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) 482-0176 or (202)
482-2923, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2018, and October 9, 2018, Commerce published in the
Federal Register the AD orders on stainless steel flanges from China
and India, respectively.\1\ On June 5 and October 5, 2018, Commerce
published in the Federal Register the CVD orders on steel flanges from
China and India, respectively.\2\ On May 1, 2023, the ITC
instituted,\3\ and Commerce initiated,\4\ the first sunset reviews of
the AD Orders and the CVD Orders, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act). As a result of its review,
Commerce determined that revocation of the AD Orders and CVD Orders
would likely lead to continuation or recurrence of dumping and
countervailable subsidies, and, therefore, notified the ITC of the
magnitude of the margins of dumping and subsidy rates likely to prevail
should the AD Orders \5\ and CVD Orders \6\ be revoked.
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\1\ See Stainless Steel Flanges from the People's Republic of
China: Antidumping Duty Order, 83 FR 37468 (August 1, 2018); and
Stainless Steel Flanges from India: Antidumping Duty Order, 83 FR
50639 (October 9, 2018) (collectively, AD Orders).
\2\ See Stainless Steel Flanges from the People's Republic of
China: Countervailing Duty Order, 83 FR 26006 (June 5, 2018); and
Stainless Steel Flanges from India: Countervailing Duty Order, 83 FR
50336 (October 5, 2018), (collectively, CVD Orders).
\3\ See Stainless Steel Flanges from China and India;
Institution of Five-Year Reviews, 88 FR 26592 (May 1, 2023).
\4\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 26522
(May 1, 2023).
\5\ See Stainless Steel Flanges from India and the People's
Republic of China: Final Results of the Expedited First Sunset
Reviews of the Antidumping Duty Orders, 88 FR 60642 (September 5,
2023).
\6\ See Stainless Steel Flanges from India: Final Results of the
Expedited First Sunset Review of the Countervailing Duty Order, 88
FR 60181 (August 31, 2023); see also Stainless Steel Flanges from
the People's Republic of China: Final Results of the Expedited First
Sunset Review of the Countervailing Duty Order, 88 FR 60640
(September 5, 2023).
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On October 24, 2023, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the AD
Orders and CVD Orders would likely lead to continuation or recurrence
of material injury to an industry in the United States within a
reasonably foreseeable time.\7\
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\7\ See Stainless Steel Flanges from China and India;
Determinations, 88 FR 73043 (October 24, 2023).
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Scope of the AD Orders and CVD Orders
The scope of the AD Orders and CVD 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 AD Orders and CVD Orders are cast stainless steel flanges.
Cast stainless steel flanges generally are manufactured to
specification ASTM A351.
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 AD Orders or CVD Orders if
performed in the country of manufacture of the stainless steel flanges.
Merchandise subject to the AD Orders or CVD 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.
Continuation of the AD Orders and CVD Orders
As a result of the determinations by Commerce and the ITC that
revocation of the AD Orders and CVD Orders would likely lead to a
continuation or a recurrence of dumping, countervailable subsidies, and
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby
orders the continuation of the AD Orders and CVD 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 AD Orders and CVD
Orders will be October 24, 2023.\8\ Pursuant to section 751(c)(2) of
the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next
five-year review of the AD Orders and CVD Orders not later than 30 days
prior to the fifth anniversary of the date of the last determination by
the ITC.
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\8\ Id.
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Administrative Protective Order
This notice also 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). Timely written notification of
the return or destruction of APO materials or conversion to judicial
protective order is
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hereby requested. Failure to comply is a violation of the APO which may
be subject to sanctions.
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)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: October 24, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-23990 Filed 10-30-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 31, 2023.
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