[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 44969-44971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17711]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-533-809


Certain Forged Stainless Steel Flanges from India; Preliminary 
Intent to Rescind Administrative Review and Rescission in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain forged 
stainless steel flanges (stainless steel flanges) from India 
manufactured by Pradeep Metals Limited (Pradeep), Echjay Forgings Pvt., 
Ltd. (Echjay) and Hotmetal Forge (India) Pvt, Ltd. (Hotmetal). The 
period of review (POR) is February 1, 2007, through January 31, 2008. 
We preliminarily determine that Pradeep had no bona fide U.S. sales 
during the period of review (POR), and therefore, we intend to rescind 
the review. We are also rescinding the review with respect to Echjay 
and Hotmetal because they both withdrew their requests for the review, 
and no other party requested a review of these companies.
    We invite interested parties to comment on this preliminary intent 
to rescind with respect to Pradeep. Parties who submit argument in 
these proceedings are requested to submit with the argument: (1) a 
statement of the issues; and (2) a brief summary of the argument.

EFFECTIVE DATE: August 1, 2008.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2924 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 9, 1994, the Department published the antidumping duty 
order

[[Page 44970]]

on stainless steel flanges from India. See Amended Final Determination 
and Antidumping Duty Order; Certain Forged Stainless Steel Flanges from 
India, 59 FR 5994 (February 9, 1994) (Amended Final Determination). On 
February 15, 2008, we received a request for an administrative review 
from Echjay for the period February 1, 2007 through January 31, 2008. 
On February 25, 2008, and February 29, 2008, we received requests from 
Pradeep and Hotmetal, respectively, for administrative reviews for the 
same period. On March 31, 2008, we initiated the administrative review. 
See Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, Request for Revocation in Part, and Deferral of Administrative 
Review, 73 FR 16837 (March 31, 2008).
    On April 2, 2008, the Department issued its questionnaire to 
Pradeep. Pradeep submitted its section A response on April 29, 2008, 
and its section B and C responses on May 8, 2008.
    On April 25, 2008, Echjay withdrew its request for administrative 
review. On June 5, 2008, Hotmetal withdrew its request for 
administrative review.

Scope of the order

    The products covered by this order are certain forged stainless 
steel flanges, both finished and not finished, generally manufactured 
to specification ASTM A-182, and made in alloys such as 304, 304L, 316, 
and 316L. The scope includes five general types of flanges. They are 
weld-neck, used for butt-weld line connection; threaded, used for 
threaded line connections; slip-on and lap joint, used with stub-ends/
butt-weld line connections; socket weld, used to fit pipe into a 
machined recession; and blind, used to seal off a line. The sizes of 
the flanges within the scope range generally from one to six inches; 
however, all sizes of the above-described merchandise are included in 
the scope. Specifically excluded from the scope of this order are cast 
stainless steel flanges. Cast stainless steel flanges generally are 
manufactured to specification ASTM A-351. The flanges subject to this 
order are currently classifiable under subheadings 7307.21.1000 and 
7307.21.5000 of the Harmonized Tariff Schedule (HTS). Although the HTS 
subheading is provided for convenience and customs purposes, the 
written description of the merchandise under review is dispositive of 
whether or not the merchandise is covered by the scope of the order.

Rescission in Part

    As indicated above, on April 25, 2008, and June 5, 2008, Echjay and 
Hotmetal, respectively, withdrew their requests for administrative 
review. Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the party who requested 
the review withdraws the request within ninety days of the date of 
publication of notice of initiation of the requested review. Because 
Echjay and Hotmetal withdrew their requests for review within the 90-
day period and no other party requested a review of their sales, in 
accordance with 19 CFR 351.213(d)(1), we are rescinding this review 
with respect to these companies.

Intent to Rescind

    As indicated above, we have preliminarily determined that Pradeep's 
single sale to the United States during the POR was not bona fide. We 
based our determination on the following factors: (1) the timing of the 
sale; (2) the U.S. price and expenses associated with the sale were 
high; and (3) the sale involved a method of shipping not standard for 
the industry. For further information, see the Memorandum to the File, 
``Bona Fide Nature of the Sale in the Administrative Review of Pradeep 
Metals Limited,'' dated July 28, 2008, for a complete explanation of 
our analysis. Based on these factors, we preliminarily intend to 
rescind this administrative review.

Public Comment

    Interested parties are invited to comment on this preliminary 
intent to rescind. Pursuant to 19 CFR 351.309(c)(1)(ii), interested 
parties may submit case briefs no later than 30 days after the date of 
publication of this notice. Pursuant to 19 CFR 351.309(d), rebuttal 
briefs, limited to issues raised in the case briefs and comments, may 
be filed no later than 5 days after the time limit for filing the case 
briefs. Parties who submit argument in these proceedings are requested 
to submit with the argument: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities. Further, the 
Department requests parties submitting written comments to provide the 
Department with an additional copy of the public version of any such 
comments on diskette.

Assessment Rates

    The Department will issue appropriate assessment instructions for 
Echjay and Hotmetal directly to the U.S. Customs and Border Protection 
(CBP) fifteen days after the publication of this notice. The Department 
will direct CBP to assess antidumping duties at the cash deposit rate 
in effect on the date of entry for entries of subject merchandise 
produced and/or exported by Echjay or Hotmetal during the period 
February 1, 2007 through January 31, 2008.
    With respect to Pradeep, if a final rescission notice is published 
at the completion of this administrative review, a cash deposit rate of 
162.14 percent ad valorem shall continue to be collected for any 
entries produced by Pradeep. Should the Department reach a final result 
other than a rescission, we will calculate an appropriate antidumping 
duty rate for both assessment and cash deposit purposes. The Department 
intends to issue assessment instructions to CBP fifteen days after the 
date of publication of the final rescission or final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Notice of Policy Concerning Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). This 
clarification will apply to entries of subject merchandise during the 
POR produced by Pradeep for which Pradeep did not know that the 
merchandise it sold to an intermediary (e.g., a reseller, trading 
company, or exporter) was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
162.14 percent all-others rate established in the original less than 
fair value (LTFV) investigation if there is no rate for the 
intermediary involved in the transaction. See Assessment Policy Notice 
for a full discussion of this clarification.

Notification to Interested Parties

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act and 19 CFR 
351.221(b)(4).


[[Page 44971]]


    Dated: July 28, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-17711 Filed 7-31-08; 8:45 am]
BILLING CODE 3510-DS-S