Notice2024-10789
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
Primary source
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Published
May 17, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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).
Full Text
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<title>Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)</title>
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[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43374-43376]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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).
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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
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</html>Indexed from Federal Register on May 17, 2024.
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