[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Notices]
[Pages 7919-7921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02777]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-815]
Finished Carbon Steel Flanges From Spain: Final Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that sales of
finished carbon steel flanges (flanges) from Spain were made at less
than normal value during the period of review (POR), February 8, 2017
through May 31, 2018.
[[Page 7920]]
DATES: Applicable February 12, 2020.
FOR FURTHER INFORMATION CONTACT: Marc Castillo or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-0519 or (202) 482-6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the initiation of this administrative review on
August 10, 2018.\1\ These final results cover six companies for which
an administrative review was initiated and not rescinded. On August 13,
2019, Commerce published the Preliminary Results of this administrative
review and invited interested parties to comment on the Preliminary
Results.\2\ On November 26, 2019, Weldbend Corporation and Boltex
Manufacturing Co., L.P. (collectively, the petitioners) submitted their
case brief.\3\ On the same day, ULMA submitted its case brief.\4\ On
December 9, 2019, the petitioners submitted their rebuttal brief.\5\
Also on December 9, 2019, ULMA submitted its rebuttal brief.\6\ No
other party submitted case or rebuttal briefs.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 39688 (August 10, 2018) (Initiation
Notice).
\2\ See Finished Carbon Steel Flanges from Spain: Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018, 84 FR
40026 (August 13, 2019) (Preliminary Results).
\3\ See Petitioners' Letter, ``Finished Carbon Steel Flanges
from Spain: Case Brief,'' dated November 26, 2019.
\4\ See ULMA's Letter, ``ULMA FORJA's Case Brief: Finished
Carbon Steel Flanges from Spain POR 1,'' dated November 26, 2019.
\5\ See Petitioners' Letter, ``Finished Carbon Steel Flanges
from Spain: Rebuttal Brief,'' dated December 9, 2019.
\6\ See ULMA's Letter, ``ULMA FORJA's Reply Brief: Finished
Carbon Steel Flanges from Spain POR 1,'' dated December 9, 2019.
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018 through
the resumption of operations on January 29, 2019.\7\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. On November
19, 2019, we extended the deadline for these final results, until
February 7, 2020.\8\
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\7\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\8\ See Memorandum, ``Finished Carbon Steel Flanges from Spain:
Extension of Time Limit for Final Results of Antidumping Duty
Administrative Review, 2017-2018,'' dated November 18, 2019.
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Scope of the Order 9
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\9\ See Finished Carbon Steel Flanges from Spain: Antidumping
Duty Order, 82 FR 27229 (June 14, 2017) (the Order).
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The scope of the Order covers finished carbon steel flanges.
Finished carbon steel flanges are currently classified under
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff
Schedule of the United States (HTSUS). They may also be entered under
HTSUS subheadings 7307.91.5030 and 7307.91.5070. While HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this Order is dispositive. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum,\10\ which is incorporated herein by reference. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
is available to all parties in the Central Records Unit, Room B8024 of
the main Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the internet
at http://enforcement.trade.gov/frn/index.html. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
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\10\ See Memorandum, ``Issues and Decisions Memorandum for the
Final Results of the Antidumping Duty Administrative Review:
Finished Carbon Steel Flanges from Spain; 2017-2018,'' dated
concurrently with this notice (Issues and Decisions Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum. A
list of the issues which parties raised, and to which we respond in the
Issues and Decision Memorandum, follows in the appendix to this notice.
Changes Since the Preliminary Results
Based on our analysis of the comments received, and for the reasons
explained in the Issues and Decision Memorandum, Commerce made no
changes in methodology to the Preliminary Results. However, based on
our analysis of the comments received, and for the reasons explained in
the Issues and Decision Memorandum, we made certain changes to ULMA's
margin calculation.
Final Results of Administrative Review
For these final results, we determine that the following weighted-
average dumping margins exist for the period February 8, 2017 through
May 31, 2018:
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Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
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ULMA Forja, S.Coop.......................................... 4.47
Grupo Cunado................................................ 4.47
Tubacero, S.L............................................... 4.47
Ateaciones De Metales Sinterizados S.A...................... 4.47
Transglory S.A.............................................. 4.47
Central Y Almacenes......................................... 4.47
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Rate for Non-Selected Respondents
For the rate for non-selected respondents in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation. Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ``an amount equal to the weighted-
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' In this segment of the proceeding,
we calculated a margin for ULMA that was not zero, de minimis, or based
on facts available. Accordingly, we have applied the margin calculated
for ULMA to the non-individually examined respondents.
Assessment
Commerce shall determine and U.S. Customs and Border Protection
(CBP) shall assess antidumping duties on all appropriate entries.
Commerce will instruct CBP to apply an ad valorem assessment rate of
4.47 percent to all entries of subject merchandise during the POR which
were produced and/or exported by ULMA. Commerce will also instruct CBP
to apply an ad valorem assessment rate of 4.47 percent to all entries
of subject merchandise during the POR which were produced and/or
exported by Grupo Cunado, Tubacero, S.L., Ateaciones De Metales
Sinterizados S.A., Transglory S.A., and Central Y Almacenes. We intend
to
[[Page 7921]]
issue assessment instructions directly to CBP 15 days after publication
of the final results of this review.
Cash Deposit Requirements
The following deposit requirements for estimated antidumping duties
will be effective upon publication of the notice of these final results
of review for all shipments of flanges from Spain entered, or withdrawn
from warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for
ULMA, Grupo Cunado, Tubacero, S.L., Ateaciones De Metales Sinterizados
S.A., Transglory S.A., and Central Y Almacenes, will be 4.47 percent;
(2) for merchandise exported by producers or exporters not covered in
this review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation but the
producer is, then the cash deposit rate will be the rate established
for the most recent period for the producer of the merchandise; (4) the
cash deposit rate for all other producers or exporters will continue to
be 18.81 percent,\11\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements shall remain
in effect until further notice.
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\11\ See the Order, 82 FR 27229.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties and/or
countervailing duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties Regarding Administrative Protective
Order
This notice also serves as the only reminder to parties subject to
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), which continues to govern
business proprietary information in this segment of the proceeding.
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 the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing notice of these final results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h).
Dated: February 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Scrap Offset
Comment 2: Cost Reconciliation Difference
Comment 3: Reconversion Income
Comment 4: Programming Adjustments
V. Recommendation
[FR Doc. 2020-02777 Filed 2-11-20; 8:45 am]
BILLING CODE 3510-DS-P