Notice2023-27892
Finished Carbon Steel Flanges From Spain: Final Results of Antidumping Duty Administrative Review; 2021-2022
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Published
December 20, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that ULMA Forja, S.Coop (ULMA) and companies not selected for individual examination made sales of finished carbon steel flanges (flanges) from Spain in the United States at less than normal value (NV) during the period of review (POR) June 1, 2021, through May 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 243 (Wednesday, December 20, 2023)</title>
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[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88050-88052]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27892]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-815]
Finished Carbon Steel Flanges From Spain: Final 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) determines that
ULMA Forja, S.Coop (ULMA) and companies not selected for individual
examination made sales of finished carbon steel flanges (flanges) from
Spain in the United States at less than normal value (NV) during the
period of review (POR) June 1, 2021, through May 31, 2022.
DATES: Applicable December 20, 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 July 7, 2023, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ In
[[Page 88051]]
September 2023, Commerce conducted on-site verification of ULMA's sales
information.\2\ On October 12, 2023, Commerce extended the deadline for
these final results of review to January 3, 2023.\3\ On November 24,
2023, ULMA, the sole mandatory respondent for this review,\4\ submitted
its case brief.\5\ No other interested party filed a case or rebuttal
brief. As the comments submitted in ULMA's case brief are addressed
herein, there is no Issues and Decision Memorandum accompanying this
notice. These final results cover eight companies for which an
administrative review was initiated and not rescinded. Commerce
conducted this review in accordance with section 751(a)(1)(B) of the
Tariff Act of 1930, as amended (the Act).
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\1\ See Finished Carbon Steel Flanges from Spain: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR
43307 (July 7, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Verification of the Sales Response of ULMA
Forja, S. Coop in the Antidumping Review of Finished Carbon Steel
Flanges from Spain,'' dated November 16, 2023 (Verification Report).
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2021-2022,'' dated October
12, 2023.
\4\ See Preliminary Results, 88 FR at 43307.
\5\ See ULMA's Letter, ``ULMA Forja, S. Coop's Case Brief, POR
5,'' dated November 24, 2023 (ULMA Case Brief).
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Scope of the Order <SUP>6</SUP>
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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 this Order 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 this Order. 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 this Order.
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, 1,500, 2,500, 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.
Verification
As provided in section 782(i) of the Act, from September 11 through
15, 2023, we conducted verification of the sales information submitted
by ULMA for use in these final results. We used standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by ULMA.\7\
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\7\ Verification Report.
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Changes Since the Preliminary Results and Analysis of Comments Received
Based on our analysis of the comments received, we made one change
to the preliminary weighted-average margin calculations for ULMA and
the non-examined companies. In its case brief, ULMA argued that we
should rely on the databases that ULMA submitted, at Commerce's
request, following verification.\8\ We are incorporating into these
final results the relevant databases, which reflect changes based on
the minor corrections ULMA submitted at verification.\9\ For additional
details, see the Final Analysis Memorandum.\10\
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\8\ See ULMA Case Brief at 1-2.
\9\ See Verification Report at 2-3.
\10\ See Memorandum, ``Analysis of Data Submitted by ULMA Forja
S. Coop. for Final Results of Antidumping Duty Administrative
Review; 2021-2022,'' dated concurrently with, and hereby adopted by,
this notice (Final Analysis Memorandum).
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Non-Individually Examined Companies
For guidance when calculating the rate for non-selected
respondents, i.e., non-individually-examined companies, 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 calculated a
margin for ULMA that was not zero, de minimis, or based on facts
available. Accordingly, we have applied the margin calculated for ULMA
to the non-individually examined respondents.
Final Results of Administrative Review
For these final results, we determine that the following weighted-
average dumping margins exist for the period June 1, 2021, through May
31, 2022:
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Weighted-
average
Producer/exporter dumping margin
(percent)
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ULMA Forja, S. Coop..................................... 3.93
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Review-Specific Rate for the Non-Selected Companies
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Aleaciones De Metales Sinterizados S.A.................. 3.93
Central Y Almacenes..................................... 3.93
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Farina Group Spain...................................... 3.93
Friedrich Geldbach Gmbh................................. 3.93
Grupo Cunado............................................ 3.93
Transglory S.A.......................................... 3.93
Tubacero, S.L........................................... 3.93
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days of the date of publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Commerce shall determine and U.S. Customs and Border Protection
(CBP) shall assess antidumping duties on all appropriate entries of
subject merchandise in accordance with the final results of this review
pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). For
ULMA, we calculated importer-specific assessment rates on the basis of
the ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of those sales in accordance
with 19 CFR 351.212(b)(1). Where an importer-specific assessment rate
is de minimis (i.e., less than 0.5 percent), the entries by that
importer will be liquidated 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 in the original less-than-fair-value (LTFV)
investigation \11\ if there is no rate for the intermediate
company(ies) involved in the transaction.\12\ For the companies
identified above that were not selected for individual examination, we
will instruct CBP to liquidate entries of subject merchandise during
the POR at the rates established in these final results of review as
listed above.
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\11\ See Order, 82 FR at 27230.
\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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. 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).
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective upon publication of this notice 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 subject to this review will be equal to the company-specific
weighted-average dumping margin established in the final results of the
review; (2) for merchandise exported by producers or exporters not
covered in this review but covered in a prior completed segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment 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 has been
covered in a prior completed segment of this proceeding, then the cash
deposit rate will be the rate established in the completed segment 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, the all-others rate established in the LTFV
investigation of this proceeding.\13\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\13\ See Order, 82 FR at 27230.
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Notification to Importers
This notice serves as a final 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 POR. 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 destruction or return of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the destruction or
return 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
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: December 13, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-27892 Filed 12-19-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 20, 2023.
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