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

Published date17 May 2024
Record Number2024-10789
Citation89 FR 43374
CourtInternational Trade Administration
SectionNotices
Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)
[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
                [Notices]
                [Pages 43374-43376]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [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).
                [[Page 43376]]
                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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