Amended Final Determination and Antidumping Duty Order; Certain Forged Stainless Steel Flanges From India

DEPARTMENT OF COMMERCE

[A-533-809]

Amended Final Determination and Antidumping Duty Order; Certain

Forged Stainless Steel Flanges From India

AGENCY: Import Administration, International Trade Administration,

Commerce.

EFFECTIVE DATE: February 9, 1994.

FOR FURTHER INFORMATION CONTACT: Mary Jenkins or Brian Smith, Office of

Antidumping Duty Investigations, Import Administration, U.S. Department

of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC

20230; telephone (202) 482-1756 or (202) 482-1766, respectively.

Scope of 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 connections, 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 subheading 7307.21.1000 and

7307.21.5000 of the Harmonized Tariff Schedule of the United States

(HTSUS). The HTSUS subheadings are provided for convenience and customs

purposes. The written description of the scope of this order remains

dispositive.

Amendment of Final Determination

In accordance with section 735(d) of the Tariff Act of 1930, as

amended (the Act), on December 29, 1993, the Department of Commerce

(the Department) published its final determination that certain forged

stainless steel flanges from India were being sold at less than fair

value (58 FR 68853).

On January 18, 1994, Akai Impex Ltd. (Akai), the respondent,

alleged that the Department made clerical errors with respect to the

product code of one U.S. sale and the price of two additional U.S.

sales used in the calculation of the margin for the final

determination. First, respondent alleged that the Department

incorrectly identified the product code for one of the U.S. sales

transactions. Because respondent did not report a constructed value

(CV) for the incorrect product code, but did provide CV for the product

code in question, respondent alleges that the Department improperly

based the margin for sales of this product on best information

available (BIA). Regarding the errors in price, respondent alleged that

the unit prices for two of Akai's U.S. sales transactions were

incorrectly stated on the Department's disclosure documents.

We agree that these are clerical errors. We examined Akai's latest

submission to the Department as well as the data on Akai's most recent

diskette submission. Both the hard copy of Akai's submission and the

sales transactions as shown on Akai's diskette show that the product

code and the prices for the three referenced transactions are as stated

by Akai. Therefore, we corrected the data in question, and we have

recalculated the margin in our final determination to reflect these

corrections. The corrected margins appear in the suspension of

liquidation section of this notice.

On January 18, 1994, Akai also alleged that clerical errors were

made in the cost information submitted for nine products. Akai alleged

that the Department erroneously calculated CV for six of these

products. In addition, Akai stated that the Department did not use CV

data it submitted for three of the nine products.

We examined Akai's verified submission and determined that we used

in the calculations the data reported by Akai for six of the products

in question. Moreover, we find that Akai did not submit CV data for two

products for which it has alleged clerical errors. Finally, for the

remaining product, Akai reported duplicate data. As discussed in our

final determination, the Department selected the highest reported value

as BIA.

We do not agree that these are clerical errors that should be

corrected by the Department. In all cases we used the data submitted by

Akai. Therefore, we have made no changes to the cost data used in

calculating the margin in our final determination. (See memorandum to

Barbara R. Stafford from Richard W. Moreland, February 1, 1994, for a

detailed explanation of our decision.)

Antidumping Duty Order

In accordance with section 735(a) of the Tariff Act of 1930, as

amended (the Act), on December 20, 1993, the Department of Commerce

(the Department) made its final determination that certain forged

stainless steel flanges from India are being sold at less than fair

value (58 FR 68859, December 29, 1993). However, on February 2, 1994,

in accordance with section 735(d) of the Act, the U.S. International

Trade Commission (ITC) notified the Department that an industry in the

United States is threatened with material injury by reason of such

imports. The ITC did not determine, pursuant to section 735(b)(4)(B) of

the Act, that, but for the suspension of liquidation of entries of

certain forged stainless steel flanges from India, the domestic

industry would have been materially injured.

When the ITC finds threat of material injury, and makes a negative

``but for'' finding, the ``Special Rule'' provision of section

736(b)(2) applies. Therefore, all unliquidated entries of certain

forged stainless steel flanges from India, entered or withdrawn from

warehouse, for consumption made on or after the date on which the ITC

publishes its notice of final determination of threat of material

injury in the Federal Register (which is currently scheduled for

February 9, 1994) will be liable for the assessment of antidumping

duties.

The Department will direct U.S. Customs officers to terminate the

suspension of liquidation for entries of certain forged stainless steel

flanges imported from India and entered, or withdrawn from warehouse,

for consumption before the date on which the ITC publishes its notice

of final determination of threat of material injury in the Federal

Register and to release any bond or other security, and refund any cash

deposit, posted to secure the payment of estimated antidumping duties

with respect to these entries.

In accordance with section 736(a)(1) of the Act, the Department

will direct U.S. Customs officers to assess, upon further advice by the

administering authority, antidumping duties equal to the amount by

which the foreign market value of the merchandise exceeds the United

States price for all relevant entries of certain forged stainless steel

flanges from India. U.S. Customs officers must require, at the same

time as importers would normally deposit estimated duties on this

merchandise, a cash deposit equal to the estimated weighted-average

antidumping duty margin as noted below:

------------------------------------------------------------------------

Weighted-

average

Manufacturer/producer/exporter margin

percentage

------------------------------------------------------------------------

Mukand Ltd................................................. 210.00

Sunstar Metals Ltd......................................... 210.00

Bombay Forgings Pvt. Ltd................................... 210.00

Dynaforge.................................................. 210.00

Akai Impex Pvt. Ltd........................................ 18.56

All Others................................................. 162.14

------------------------------------------------------------------------

This notice constitutes the antidumping duty order with respect to

certain forged stainless steel flanges from India, pursuant to section

736(a) of the Act. Interested parties may contact the Central Records

Unit, room B-099 of the Main Commerce Building, for copies of an

updated list of antidumping duty orders currently in effect.

This order is published in accordance with section 736(a) of the

Act and 19 CFR 353.21.

Dated: February 4, 1994.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 94-3063 Filed 2-8-94; 8:45 am]

BILLING CODE 3510-DS-P