[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74430-74432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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,

[[Page 74431]]

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

[[Page 74432]]

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