Notice2024-06684
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
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
March 29, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on a request from Anchor Fluid Power (Anchor), the U.S. Department of Commerce (Commerce) is initiating and issuing preliminary 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 certain products. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 62 (Friday, March 29, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22120-22123]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06684]
-----------------------------------------------------------------------
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: Initiation and Preliminary Results of Changed Circumstances
Reviews and Intent To Revoke the Antidumping and Countervailing Duty
Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Anchor Fluid Power (Anchor), the U.S.
Department of Commerce (Commerce) is initiating and issuing preliminary
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 certain products. Interested parties are invited
to comment on these preliminary results.
DATES: Applicable March 29, 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) 482-3004.
SUPPLEMENTARY INFORMATION:
Background
In 2018, Commerce published the antidumping and countervailing duty
orders on stainless steel flanges from China and India.\1\ On February
2, 2024, Anchor, an importer of stainless steel flanges, requested,
through CCRs, that Commerce retroactively revoke the Orders, in part,
pursuant to section 751(b)(1)(A) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216(b) with respect to certain products.\2\
Anchor stated that it qualifies as an importer of stainless steel
flanges currently subject to duties and, as such, is an interested
party pursuant to section 771(9)(A) of the Act and 19 CFR
351.102(b)(29)(ii).\3\
---------------------------------------------------------------------------
\1\ See Stainless Steel Flanges from the People's Republic of
China: Countervailing Duty Order, 83 FR 26006 (June 5, 2018);
Stainless Steel Flanges from the People's Republic of China:
Antidumping Duty Order, 83 FR 37468 (August 1, 2018); Stainless
Steel Flanges from India: Antidumping Duty Order, 83 FR 50639
(October 9, 2018); and Stainless Steel Flanges from India:
Countervailing Duty Order, 83 FR 50336 (October 5, 2018)
(collectively, Orders).
\2\ See Anchor's Letter, ``Request for an Expedited Changed
Circumstances Review to Amend the Scope of the Orders,'' dated
February 2, 2024 (CCR Request).
\3\ Id. at 2.
---------------------------------------------------------------------------
On March 1, 2024, Commerce requested that Anchor provide
supplemental information related to its CCR Request. Anchor timely
responded to this supplemental questionnaire on March 11, 2024.\4\
Within Anchor's CCR Request and CCR Supplement, Anchor provided
statements from members of the petitioning coalition or their
representatives, including Core Pipe Products, Inc.; Kerkau
Manufacturing; and Ameriforge LLC, indicating that they either were not
interested in participating in the CCRs or were not contesting Anchor's
proposal.\5\
[[Page 22121]]
Furthermore, Anchor demonstrates that Core Pipe Products, Inc.; Kerkau
Manufacturing; and Ameriforge LLC represent substantially all of the
production of the domestic like product.\6\ No interested parties filed
comments opposing the CCR Request. Further, Anchor requested that
Commerce conduct expedited CCRs.\7\
---------------------------------------------------------------------------
\4\ See Anchor's Letter, ``Anchor Response to First Supplemental
Questionnaire,'' dated March 11, 2024 (CCR Supplement).
\5\ Id. at Attachment A.
\6\ Id. at 3-4.
\7\ See CCR Request at 6.
---------------------------------------------------------------------------
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.
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.
Proposed Partial Revocation of the Orders
The products subject to the proposed partial revocation are certain
stainless steel flanges produced in accordance with specification SAE
J518. Anchor noted that SAE J518 has one and only one international
equivalent standard, ISO 6162, and that it is not possible for flanges
produced in accordance with SAE J518 to be certified under another
standard other than the international equivalent standard ISO 6162.\8\
Anchor also noted that SAE J518 flanges cannot be dual-certified with
standards covering other stainless steel flanges covered by the scope
of the Orders and that the flanges produced to the specification SAE
J518 have unique physical characteristics that distinguish them from
other stainless steel flanges subject to the Orders such that no
ambiguity will be created by this exclusion.\9\ Anchor specifically
requests that the scope of the Orders be amended to include the
following exclusion: The scope also excludes stainless steel flanges
produced in accordance with specification SAE J518 (or its
international equivalent, ISO 6162).
---------------------------------------------------------------------------
\8\ Id.
\9\ Id.
---------------------------------------------------------------------------
Initiation of CCRs
Pursuant to section 751(b)(1) of the Act, Commerce will conduct a
CCR upon receipt of a request from an interested party that shows
changed circumstances sufficient to warrant a review of the order. In
accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by Anchor, along with substantially all of the
domestic industry's support, shows changed circumstances sufficient to
warrant a review of the Orders.
Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. In its administrative
practice, Commerce has interpreted ``substantially all'' to mean
producers accounting for at least 85 percent of the total U.S.
production of the domestic like product covered by the order.\10\
---------------------------------------------------------------------------
\10\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent to Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination to Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
---------------------------------------------------------------------------
Preliminary Results of the CCRs and Intent To Revoke the Orders, in
Part
Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary results if Commerce concludes that expedited action is
warranted.\11\ In this instance, because the record contains
information necessary to make a preliminary finding, we find that
expedited action is warranted and have combined the notice of
initiation and the notice of preliminary results.\12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta
from Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta from Italy Final Results).
\12\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at
48807.
---------------------------------------------------------------------------
Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g),
Commerce may revoke an antidumping or countervailing duty order, in
whole or in part, based on a review under section 751(b) of the Act
(i.e., a CCR). Section 751(b)(1) of the Act requires a CCR to be
conducted upon receipt of a request which shows changed circumstances
sufficient to warrant a review. Section 782(h)(2) of the Act gives
Commerce the authority to revoke an order if producers accounting for
substantially all of the production of the domestic like product have
expressed a lack of interest in the order. Section 351.222(g) of
Commerce's regulations provides that Commerce will conduct a CCR of an
antidumping or countervailing duty order under 19
[[Page 22122]]
CFR 351.216, and may revoke an order (in whole or in part), if it
concludes that: (i) producers accounting for substantially all of the
production of the domestic like product to which the order pertains
have expressed a lack of interest in the relief provided by the order,
in whole or in part; or (ii) if other changed circumstances sufficient
to warrant revocation exist. Thus, both the Act and Commerce's
regulations require that ``substantially all'' domestic producers
express a lack of interest in the order for Commerce to revoke the
order, in whole or in part.\13\ In its administrative practice,
Commerce has interpreted ``substantially all'' to represent producers
accounting for at least 85 percent of U.S. production of the domestic
like product.\14\
---------------------------------------------------------------------------
\13\ See section 782(h) of the Act; and 19 CFR 351.222(g).
\14\ See, e.g., Honey from Argentina: Antidumping and
Countervailing Duty Changed Circumstances Reviews; Preliminary
Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR
67790, 67791 (November 14, 2012), unchanged in Honey from Argentina:
Final Results of Antidumping and Countervailing Duty Changed
Circumstances Reviews; Revocation of Antidumping and Countervailing
Duty Orders, 77 FR 77029 (December 31, 2012).
---------------------------------------------------------------------------
As explained above, domestic stainless steel flanges producers
accounting for greater than 85 percent of the domestic industry,
including the original petitioners and one other domestic stainless
steel flanges producer, have expressed no interest in opposing Anchor's
CCR Request.\15\ Substantially all of the domestic industry appears to
have no interest in maintaining the Orders with respect to the specific
products which are the subject of Anchor's request.\16\ The domestic
industry has not commented on whether the proposed scope exclusion
language should be retroactive.
---------------------------------------------------------------------------
\15\ See CCR Supplement at Attachment A-1, A-2, and A-3.
\16\ Id.
---------------------------------------------------------------------------
In light of the domestic producers' statements of no interest in
opposing the revocation of the Orders, in part, with respect to the
stainless steel flanges as described by Anchor, and in the absence of
any other interested party comments addressing the issue of domestic
industry support, we preliminarily conclude that producers accounting
for substantially all of the production of the domestic like product to
which the Orders pertain lack interest in the relief provided by the
Orders with respect to stainless steel flanges that are the subject of
Anchor's revocation request. Thus, we preliminarily determine that
changed circumstances warrant revocation of the Orders, in part, with
respect to such stainless steel flanges as described by Anchor.
Accordingly, we are notifying the public of our intent to revoke the
Orders, in part, with respect to stainless steel flanges described in
the ``Proposed Partial Revocation of the Orders'' section above. This
revocation is limited solely to those flanges produced to specification
SAE J518 (or its international equivalent, ISO 6162), and not to any
other specification.
Additionally, Anchor requested that Commerce find this scope
exclusion applies retroactively; however, it did not provide a date as
to which it believes this scope exclusion should retroactively apply.
If we make a final determination to revoke the Orders in part, then we
intend to apply 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.
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days after the date of publication
of this notice.\17\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than five days after the due date
for case briefs.\18\
---------------------------------------------------------------------------
\17\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\18\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In these CCRs, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\19\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the Issues and Decision Memorandum that will
accompany the final results in these CCRs. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\20\ An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
day on which it is due.
---------------------------------------------------------------------------
\19\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\20\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 14 days of publication of this notice in the Federal
Register.\21\ Hearing requests should contain the following
information: (1) the party's name, address, and telephone number; (2)
the number of participants; and (3) a list of the issues to be
discussed. Oral presentations at the hearing will be limited to issues
raised in the briefs.\22\ If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.
Parties should confirm the date and the time of the hearing two days
before the scheduled date.
---------------------------------------------------------------------------
\21\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\22\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Final Results of Reviews
Unless extended, consistent with 19 CFR 351.216(e), Commerce
intends to issue the final results of these CCRs no later than 270 days
after the date on which these reviews were initiated or 45 days if all
parties agree to the outcome of the reviews. If, in the final results
of these reviews, Commerce continues to determine that changed
circumstances warrant the revocation of the Orders, in part, we will
instruct U.S. Customs and Border Protection (CBP) to liquidate without
regard to antidumping or countervailing duties, and to refund any
estimated antidumping and countervailing duties deposited on all
unliquidated entries of the merchandise covered by the revocation that
are not covered by the final results of an administrative review or an
automatic liquidation instruction to CBP. The current requirement for
cash deposits of estimated antidumping or countervailing duties on all
entries of subject merchandise will continue unless they are modified
pursuant to the final results of these changed CCRs.
Notification to Interested Parties
This initiation notice and preliminary results are published in
accordance with section 751(b)(1) of the Act, 19 CFR 351.216(b)(1) and
19 CFR 351.222 (c)(3)(ii).
[[Page 22123]]
Dated: March 22, 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. 2024-06684 Filed 3-28-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on March 29, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.