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Federal Register / Vol. 72, No.

20 / Wednesday, January 31, 2007 / Notices 4483

(mm) or more and a composite thickness Final Results of Review Customs and Border Protection (CBP) to
of 4.5 mm or more. Clad steel plate is The Department determines that assess antidumping duties on entries of
a rectangular finished steel mill product revocation of the antidumping duty the subject merchandise for which the
consisting of a layer of cladding material order on clad steel plate from Japan importer–specific assessment rates are
(usually stainless steel or nickel) which would be likely to lead to continuation above de minimis.
is metallurgically bonded to a base or or recurrence of dumping at the rates We invite interested parties to
backing of ferrous metal (usually carbon listed below: comment on these preliminary results.
or low alloy steel) where the latter Parties who submit argument in these
predominates by weight. Margin proceedings are requested to submit
Stainless clad steel plate is Producers/Exporters with the argument 1) a statement of the
(percent)
manufactured to American Society for issues; 2) a brief summary of the
Testing and Materials (ASTM) The Japan Steel Company ......... 118.53 argument; and 3) a table of authorities
specifications A263 (400 series stainless All Others .................................... 118.53 cited.
types) and A264 (300 series stainless EFFECTIVE DATE: January 31, 2007.
types). Nickel and nickel–base alloy Notification regarding Administrative
FOR FURTHER INFORMATION CONTACT: Fred
clad steel plate is manufactured to Protective Order
Baker or Robert James, AD/CVD
ASTM specification A265. These This notice also serves as the only Operations, Office 7, Import
specifications are illustrative but not reminder to parties subject to Administration, International Trade
necessarily all–inclusive. administrative protective order (APO) of Administration, U.S. Department of
Clad steel plate within the scope of their responsibility concerning the
this order is classifiable under the Commerce, 14th Street and Constitution
return or destruction of proprietary Avenue, NW, Washington, DC 20230,
Harmonized Tariff Schedule of the information disclosed under APO in
United States (HTSUS) 7210.90.10.00. telephone (202) 482–2924 or (202) 482–
accordance with 19 CFR 351.305. 0649, respectively.
Although the HTSUS subheading is Timely notification of the return or
provided for convenience and customs SUPPLEMENTARY INFORMATION:
destruction of APO materials or
purposes, our written description of the conversion to judicial protective order is Background
scope of this order is dispositive. hereby requested. Failure to comply On February 9, 1994, the Department
Analysis of Comments Received with the regulations and terms of an published the antidumping duty order
All issues raised in this review are APO is a violation which is subject to on stainless steel flanges from India. See
addressed in the ‘‘Issues and Decision sanction. Amended Final Determination and
We are issuing and publishing the Antidumping Duty Order; Certain
Memorandum for the Final Results of
results and notice in accordance with Forged Stainless Steel Flanges from
the Expedited Second Sunset Review of
sections 751(c), 752(c), and 777(i)(1) of India, 59 FR 5994 (February 9, 1994).
the Antidumping Duty Order on Clad
the Act. On February 28, 2006, we received
Steel Plate from Japan’’ (Decision
Memo) from Stephen J. Claeys, Deputy Dated: January 25, 2007. requests for new shipper reviews from
Assistant Secretary for Import David M. Spooner, Kunj Forgings Pvt. Ltd. (Kunj), Micro
Administration, to David M. Spooner, Assistant Secretaryfor Import Administration. Forge (India) Ltd. (Micro), Pradeep
Assistant Secretary for Import [FR Doc. E7–1571 Filed 1–30–06; 8:45 am] Metals Limited (Pradeep), and Rollwell
Administration, which is hereby BILLING CODE 3510–DS–S
Forge, Ltd. (Rollwell) for the period
adopted by this notice. The issues February 1, 2005, through January 31,
discussed in the Decision Memo include 2006. We initiated the reviews on April
the likelihood of continuation or DEPARTMENT OF COMMERCE 6, 2006. See Stainless Steel Flanges from
recurrence of dumping and the India: Notice of Initiation of
magnitude of the margins likely to International Trade Administration Antidumping Duty New Shipper
prevail if the order were revoked. Reviews 71 FR 17439 (April 6, 2006). On
[A–533–809]
Parties can find a complete discussion September 29, 2006, we rescinded the
of all issues raised in this review and Certain Forged Stainless Steel Flanges reviews with respect to Micro, Pradeep,
the corresponding recommendations in From India; Preliminary Results of New and Rollwell. See Certain Forged
this public memorandum, which is on Shipper Review Stainless Steel Flanges from India:
file in room B–099 of the main Notice of Partial Rescission of New
Commerce building. AGENCY: Import Administration, Shipper Reviews, 71 FR 27468
In addition, a complete version of the International Trade Administration, (September 29, 2006).
Decision Memo can be accessed directly Department of Commerce. On October 3, 2006, we extended the
on the Web at http://ia.ita.doc.gov/frn. SUMMARY: The Department of Commerce time limit for the preliminary results of
The paper copy and electronic versions (the Department) is conducting a new this new shipper review to no later than
of the Decision Memo are identical in shipper review of the antidumping duty January 25, 2007. See Stainless Steel
content. order on certain forged stainless steel Flanges From India: Notice of Extension
flanges (stainless steel flanges) from of Time Limit for the Preliminary
other method of deposition of superimposing of the India manufactured by Kunj Forgings Results of Antidumping Duty New
cladding metal followed by any mechanical or (Kunj). The period of review (POR) Shipper Review, 71 FR 58372 (October
thermal process to ensure welding (e.g., covers February 1, 2005, through 3, 2006).
electrocladding), in which the cladding metal
(nickel, chromium, etc.) is applied to the basic
January 31, 2006. We preliminarily
Scope of the Order
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metal by electroplating, molecular interpenetration determine that Kunj made sales of


of the surfaces in contact then being obtained by subject merchandise at less than normal The products covered by this order
heat treatment at the appropriate temperature with value (NV) in the United States during are certain forged stainless steel flanges,
subsequent cold rolling. See Harmonized
Commodity Description and Coding System
the POR. If these preliminary results are both finished and not finished,
Explanatory Notes, Chapter 72, General Note (IV) adopted in the final results of this new generally manufactured to specification
(C) (2) (e). shipper review, we will instruct U.S. ASTM A–182, and made in alloys such

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4484 Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Notices

as 304, 304L, 316, and 316L. The scope Comparisons to Normal Value sold directly to the first unaffiliated
includes five general types of flanges. To determine whether sales of subject purchaser prior to importation, and CEP
They are weld–neck, used for butt–weld merchandise to the United States by was not otherwise warranted based on
line connection; threaded, used for Kunj were made at less than NV, we the facts of record.
threaded line connections; slip–on and compared the U.S. export price (EP) to We calculated EP based on the prices
lap joint, used with stub–ends/butt– the NV, as described in the ‘‘Export charged to the first unaffiliated
weld line connections; socket weld, Price’’ and ‘‘Normal Value’’ sections of customer in the United States. We used
used to fit pipe into a machined this notice, below. In accordance with invoice date as the date of sale. We
recession; and blind, used to seal off a section 777A(d)(2) of the Tariff Act, we based EP on the packed FOB Indian port
line. The sizes of the flanges within the calculated monthly weighted–average prices to the first unaffiliated purchasers
scope range generally from one to six prices for NV and compared these to the in the United States. We made
inches; however, all sizes of the above– prices of individual EP transactions. We deductions for movement expenses in
described merchandise are included in found that for all U.S. sales there were accordance with section 772(c)(2)(A) of
the scope. Specifically excluded from no contemporaneous home market sales the Tariff Act, including domestic
the scope of this order are cast stainless that passed the Department’s twenty inland freight and domestic brokerage
steel flanges. Cast stainless steel flanges percent difference–in-merchandise and handling.
generally are manufactured to (difmer) test. (For an explanation of our Normal Value
specification ASTM A–351. The flanges difmer analysis, see the memorandum to
subject to this order are currently the file, ‘‘Analysis of Data Submitted By A. Viability
classifiable under subheadings Kunj Forgings Pvt., Ltd., in the 2005– In order to determine whether there is
7307.21.1000 and 7307.21.5000 of the 2006 New Shipper Review of Stainless sufficient volume of sales in the home
Harmonized Tariff Schedule (HTS). Steel Flanges from India,’’ dated January market to serve as a viable basis for
Although the HTS subheading is 25, 2007 (analysis memorandum).) calculating NV (i.e., the aggregate
provided for convenience and customs Therefore, we used constructed value volume of home market sales of the
purposes, the written description of the (CV) as the basis for normal value. We foreign like product during the POR is
merchandise under review is dispositive describe below our calculation of NV, equal to or greater than five percent of
of whether or not the merchandise is CV, and EP. the aggregate volume of U.S. sales of
covered by the scope of the order. subject merchandise during the POR),
Product Comparisons we compared Kunj’s volume of home
Verification
In accordance with section 771(16) of market sales of the foreign like product
As provided in section 782(i)(3) of the the Tariff Act, we considered all to the volume of U.S. sales of the subject
Tariff Act of 1930, as amended (the products described by the Scope of the merchandise. See section
Tariff Act), from December 11, 2006, Order section, above, which were 773(a)(1)(C)(iii) of the Tariff Act. Based
through December 14, 2006, we verified produced and sold by Kunj in the home on Kunj’s reported home market and
information provided by Kunj. We used market, to be foreign like products for U.S. sales quantities, we determine that
standard verification procedures, purposes of determining appropriate the volume of aggregate home market
including the examination of relevant comparisons to U.S. sales. We made sales during the POR is equal to or
sales, cost, and financial records, and comparisons using the following five greater than five percent of the aggregate
the selection of original documentation model match characteristics: (1) Grade; volume of U.S. sales of subject
containing relevant information. Our (2) Type; (3) Size; (4) Pressure rating; (5) merchandise during the POR.
verification results are outlined in the Finish. Accordingly, we find that Kunj had a
public version of the verification report, viable home market. Therefore, we
on file in the CRU located in room B– Export Price
based NV on home market sales to
099 in the main Department of In accordance with section 772(a) of unaffiliated purchasers made in the
Commerce building. the Tariff Act, EP is defined as the price usual quantities and in the ordinary
Bona Fides Analysis at which the subject merchandise is first course of trade. See the January 25,
sold (or agreed to be sold) before the 2007, analysis memorandum for a
Consistent with the Department’s date of importation by the producer or further discussion of home market
practice, we investigated the bona fides exporter of the subject merchandise viability.
nature of the sales that Kunj made outside of the United States to an
during the POR. Based on our unaffiliated purchaser in the United B. Price–to-Price Comparisons
investigation in the bona fide nature of States, or to an unaffiliated purchaser As indicated above, we compared
the sales, the questionnaire responses for exportation to the United States. In U.S. sales with contemporaneous sales
Kunj submitted, and our verification accordance with section 772(b) of the of the foreign like product in India. As
thereof, as well as our preliminary Tariff Act, constructed export price noted, we considered stainless steel
determination that Kunj was not (CEP) is the price at which the subject flanges identical based on the following
affiliated with any exporter or producer merchandise is first sold (or agreed to be five criteria: grade, type, size, pressure
that had previously shipped subject sold) in the United States before or after rating, and finish. As with EP, we used
merchandise to the United States, we the date of importation by or for the invoice date as the date of sale.
preliminarily determine that Kunj’s account of the producer or exporter of In calculating the net unit price, we
sales were made on a bona fide basis. such merchandise or by a seller used the gross unit price as it appeared
For a complete discussion of our affiliated with the producer or exporter, on the invoice for each sale, rather than
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analysis, see the Department’s January to a purchaser not affiliated with the Kunj’s reported gross unit price which
25, 2007, memorandum to the file producer or exporter, as adjusted under (as we first discovered at the
‘‘Analysis of the Bona Fide Nature of subsections (c) and (d). For Kunj’s sales verification) was net of various
Kunj’s Sales During the Period of to the United States, we used EP in unexplained expenses. We also made an
Review,’’ on file in room B–099 of the accordance with section 772(a) of the adjustment to gross unit price for Kunj’s
Department of Commerce building. Tariff Act because its merchandise was reported late delivery discounts. We

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Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Notices 4485

made adjustments for differences in The NV LOT is that of the starting–price find sales to be at the same LOT when
packing costs between the two markets sales in the home market or, when NV the selling functions performed for each
and for movement expenses in is based on CV, that of the sales from customer class are sufficiently similar.
accordance with sections 773(a)(6)(A) which we derive SG&A expenses and See 19 CFR 351.412 (c)(2). We find Kunj
and (B) of the Tariff Act. We adjusted profit. For CEP it is the level of the performed virtually the same level of
for differences in the circumstances of constructed sale from the exporter to an customer support services on its U.S. EP
sale (COS) pursuant to section affiliated importer after the deductions sales as it did on its home market sales.
773(a)(6)(C)(iii) of the Tariff Act and 19 required under section 772(d) of the The record evidence supports a
CFR 351.410. We made these COS Tariff Act. finding that in both markets and in all
adjustments by deducting home market To determine whether NV sales are at channels of distribution Kunj performs
direct selling expenses and adding U.S. a different LOT than EP or CEP, we essentially the same level of services.
direct selling expenses. Home market examine stages in the marketing process Therefore, based on our analysis of the
direct selling expenses consisted of and selling functions along the chain of selling functions performed on EP sales
warranty expenses, bank charges, and distribution between the producer and in the United States, and its sales in the
imputed credit. U.S. direct selling the unaffiliated customer. If the home market, we determine that the EP
expenses consisted of imputed credit comparison–market sales are at a and the starting price of home market
and bank charges. Finally, we made different LOT and the difference affects sales represent the same stage in the
adjustments, where appropriate, for price comparability, as manifested in a marketing process, and are thus at the
physical differences between the U.S. pattern of consistent price differences same LOT. Accordingly, we
models and the home market models to between the sales on which NV is based preliminarily find that no level of trade
which it was being compared. and comparison–market sales at the adjustment is appropriate for Kunj.
LOT of the export transaction, we make
Constructed Value Currency Conversions
a LOT adjustment under section
In accordance with section 773(a)(4) 773(a)(7)(A) of the Tariff Act. For CEP We made currency conversions into
of the Tariff Act, we based NV on CV sales, if the NV level is more remote U.S. dollars in accordance with section
because, as indicated above under the from the factory than the CEP level and 773(a) of the Tariff Act, based on the
section ‘‘Comparisons to Normal there is no basis for determining exchange rates in effect on the dates of
Value,’’ we were unable to find a whether the difference in the levels the U.S. sales, as certified by the Federal
contemporaneous comparison market between NV and CEP affects price Reserve Bank.
match for any of the U.S. sales. We comparability, we adjust NV under Preliminary Results of Review
calculated CV based on the cost of section 773(a)(7)(B) of the Tariff Act (the
materials and fabrication employed in CEP–offset provision). See Final As a result of our review we
producing the subject merchandise, Determination of Sales at Less Than preliminarily find that a weighted–
SG&A, and profit, as required by 19 CFR Fair Value: Certain Cut–to-Length average dumping margin of 1.52 percent
351.401(b)(1). In calculating the cost of Carbon Steel Plate from South Africa, exists for Kunj for the period February
materials, we denied Kunj’s claim for an 62 FR 61731, 61732–33 (November 19, 1, 2005, through January 31, 2006.
offset to material costs for revenue 1997). The Department will disclose
generated by sales of scrap because Kunj In implementing these principles in calculations performed within five days
did not adequately support either the this review, we obtained information of the date of publication of this notice
amount of the offset nor its means of from Kunj about the marketing stages in accordance with 19 CFR 351.224(b).
valuing the scrap sales price. See involved in its U.S. and home market An interested party may request a
verification report at 33. In accordance sales, including a description of its hearing within 30 days of publication.
with section 772(e)(2)(A) of the Tariff selling activities in the respective See CFR 351.310(c). Any hearing, if
Act, we based SG&A expenses and markets. Generally, if the reported levels requested, will be held 37 days after the
profit on the amounts incurred and of trade are the same in the home and date of publication, or the first business
realized by Kunj in connection with the U.S. markets, the functions and day thereafter, unless the Department
production and sale of the foreign like activities of the seller should be similar. alters the date per 19 CFR 351.310(d).
product in the ordinary course of trade Conversely, if a party reports differences Interested parties may submit case
for consumption in the foreign country. in levels of trade the functions and briefs or written comments no later than
For selling expenses, we used the activities should be dissimilar. 30 days after the date of publication of
weighted–average comparison market Kunj reported one channel of these preliminary results of new shipper
selling expenses. Where appropriate, we distribution and one LOT in the home review. Rebuttal briefs and rebuttals to
made COS adjustments to CV in market contending that all home market written comments, limited to issues
accordance with section 773(a)(8) of the sales were to end users. See Kunj’s raised in the case briefs and comments,
Tariff Act and 19 CFR 351.410. We November 6, 2006, submission, at 18. may be filed no later than 5 days after
made the COS adjustments by deducting After examining the record evidence the date of submission of case briefs and
home market direct selling expenses provided by Kunj, we preliminarily written comments. Parties who submit
and adding U.S. direct selling expenses. determine that a single LOT exists in the argument in these proceedings are
The COS adjustments for CV were the home market. requested to submit with the argument
same as those for price–to-price Kunj further contends it provided (1) a statement of the issue, (2) a brief
comparisons. See ‘‘Price–to-Price substantially the same level of customer summary of the argument, and (3) a
Comparisons’’ (above). support on its U.S. EP sales to table of authorities. Further, parties
distributors/importers as it provided on submitting written comments should
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Level of Trade its home market sales to end users. This provide the Department with an
In accordance with section support included manufacturing to additional copy of the public version of
773(a)(1)(B)(i) of the Tariff Act, to the order, and making arrangements for any such comments on diskette. The
extent practicable, we determine NV freight and insurance. See Kunj’s May 8, Department will issue final results of
based on sales in the home market at the 2006, submission at A–13. The this administrative review, including
same level of trade (LOT) as EP or CEP. Department has determined that we will the results of our analysis of the issues

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4486 Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Notices

raised in any such written comments or DEPARTMENT OF COMMERCE As a result of extraordinarily


at a hearing, within 90 days of complicated issues raised in the review
publication of these preliminary results. International Trade Administration segment, specifically the multiple issues
[A–357–812] raised by petitioner with regard to the
Assessment Rates
bona fide nature of the sale as well as
Upon issuance of the final results of Notice of Extension of Time Limit for issues regarding the beekeepers’ costs, it
this review, the Department shall Final Results of Antidumping Duty is not practicable to complete this new
determine, and CBP shall assess, New Shipper Review: Honey from shipper review within the current time
antidumping duties on all appropriate Argentina limit. Accordingly, the Department is
entries. In accordance with 19 CFR extending the time limit for the
351.212(b)(1), we have calculated AGENCY: Import Administration, completion of the final results by 60
importer–specific assessment rates International Trade Administration, days until April 15, 2007, in accordance
based on the total amount of Department of Commerce. with section 751(a)(2)(B)(iv) of the Act
antidumping duties calculated for the EFFECTIVE DATE: January 31, 2007. and 19 CFR 351.214(i)(2). Because April
examined sales made during the POR FOR FURTHER INFORMATION CONTACT: 15 falls on a Sunday, the deadline for
divided by the total quantity (in David Cordell or Robert James, AD/CVD the completion of the final results is
kilograms) of the examined sales. Upon Operations, Office 7, Import April 16, 2007, the next business day.
completion of this review, where the Administration, International Trade This notice is issued and published in
assessment rate is above de minimis, we Administration, U.S. Department of accordance with section 751(a)(2)(B) of
shall instruct CBP to assess duties on all Commerce, 14th Street and Constitution the Act.
entries of subject merchandise by that Avenue, NW, Washington, DC 20230; Dated: January 23, 2007.
importer. The Department intends to telephone: (202) 482–0408 or (202) 482– Stephen J. Claeys,
issue assessment instructions to CBP 0469, respectively. Deputy Assistant Secretaryfor Import
fifteen days after the date of publication On November 24, 2006, the Administration.
of the final results of review. Department of Commerce (the [FR Doc. E7–1461 Filed 1–30–07; 8:45 am]
Department) published the preliminary
Cash Deposit Requirements results of the new shipper review of the
BILLING CODE 3510–DS–S

The following cash deposit rate will antidumping duty order on honey from
be effective upon publication of the Argentina, covering the period DEPARTMENT OF COMMERCE
final results of this new shipper review December 1, 2004, through December
for shipments of stainless steel flanges 31, 2005, and the following exporter: International Trade Administration
from India entered, or withdrawn from Patagonik S.A. See Honey From
[A–580–834]
warehouse, for consumption on or after Argentina: Preliminary Results of New
the publication date, as provided by Shipper Review, 71 FR 67850 Stainless Steel Sheet and Strip in Coils
section 751(a)(2)(C) of the Tariff Act. For (November 24, 2006). On December 15, From the Republic of Korea; Final
subject merchandise produced and 2006, the Federal Register published a Results and Rescission of
exported by Kunj, the cash deposit rate correction notice due to typographical Antidumping Duty Administrative
will be the rate established in the final errors in the original preliminary results Review in Part
results of this review, except if the rate notice. See Corrections Honey From
is less than 0.5 percent and, therefore, Argentina: Preliminary Results of New AGENCY: Import Administration,
de minimis, the cash deposit rate will be Shipper Review, 71 FR 75614 (December International Trade Administration,
zero. This cash deposit requirement, 15, 2006). The final results are currently Department of Commerce.
when imposed, shall remain in effect due on February 14, 2007.1 SUMMARY: On April 10, 2006, the
until publication of the final results of SUPPLEMENTARY INFORMATION:
Department of Commerce (the
the next administrative review. Department) published the preliminary
Extension of Time Limits for Final results of the administrative review of
Notification to Interested Parties Results the antidumping duty order on stainless
This notice also serves as a Section 751(a)(2)(B)(iv) of the Tariff steel sheet and strip in coils (SSSSC)
preliminary reminder to importers of Act of 1930, as amended (the Act), and from the Republic of Korea (Korea) (71
their responsibility under 19 CFR 19 CFR 351.214(i)(1) require the FR 18074). This review covers five
351.402(f) to file a certificate regarding Department to issue the final results of producers/exporters of the subject
the reimbursement of antidumping a new shipper review within 90 days merchandise to the United States. The
duties prior to liquidation of the after the date on which the preliminary period of review (POR) is July 1, 2004,
relevant entries during this review results were issued. The Department through June 30, 2005. We are
period. Failure to comply with this may, however, extend the deadline for rescinding the review with respect to
requirement could result in the completion of the final results of a new eight companies because they had no
Secretary’s presumption that shipper review to 150 days if it shipments of subject merchandise to the
reimbursement of antidumping duties determines that the case is United States during the POR.
occurred and the subsequent assessment extraordinarily complicated. See section Based on our analysis of the
of double antidumping duties. 751(a)(2)(B)(iv) of the Act and 19 CFR comments received, we have made
We are issuing and publishing this 351.214(i)(2). changes in the margin calculation for
notice in accordance with sections DaiYang Metal Co., Ltd. (DMC), a
751(a)(1) and 777(i)(1) of the Tariff Act. 1 The November 24, 2006, Federal Register Notice respondent in this review. Therefore,
mstockstill on PROD1PC62 with NOTICES

stated the Department would issue final results the final results differ from the
Dated: January 25, 2007. within 120 days of publication of the Preliminary preliminary results. The final weighted–
David M. Spooner, Results. The Notice should have read that the average dumping margins for the
Assistant Secretaryfor Import Administration. Department will issue the final results within 90
days after the date on which the preliminary results
reviewed firms are listed below in the
[FR Doc. E7–1575 Filed 1–30–06; 8:45 am] were issued. See 19 CFR 351.214(i)(1). The section entitled ‘‘Final Results of
BILLING CODE 3510–DS–S Department hereby corrects this inadvertent error. Review.’’

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