Notice2021-18281
Stainless Steel Bar From India: Final Results of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 25, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that the sole mandatory respondent made sales of stainless steel bar (SS Bar) from India below normal value during the period of review (POR) February 1, 2019, through January 31, 2020.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 162 (Wednesday, August 25, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Pages 47474-47476]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18281]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Final Results of Antidumping Duty
Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the sole
mandatory respondent made sales of stainless steel bar (SS Bar) from
India below normal value during the period of review (POR) February 1,
2019, through January 31, 2020.
DATES: Applicable August 25, 2021.
FOR FURTHER INFORMATION CONTACT: Konrad Ptaszynski, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6187.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2021, Commerce published in the Federal Register
the Preliminary Results of the 2019-2020 administrative review of the
antidumping duty order on SS Bar from India.\1\ We invited interested
parties to
[[Page 47475]]
comment on the Preliminary Results and on March 26, 2021, Venus Wire
Industries Pvt. Ltd., Hindustan Inox, Precision Metals and Sieves
Manufacturers (India) Pvt. Ltd. (collectively, the Venus Group)
submitted a timely filed case brief.\2\ On April 2, 2021, the
petitioners \3\ submitted a timely filed rebuttal brief.\4\
---------------------------------------------------------------------------
\1\ See Stainless Steel Bar from India: Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020; 86 FR 11235
(February 24, 2021), and accompanying Preliminary Decision
Memorandum (Preliminary Results).
\2\ See Venus Group's Letter, ``Antidumping Duty Investigation
of Stainless Steel Bar from India--Venus Group Case Brief,'' dated
March 26, 2021.
\3\ Carpenter Technology Corporation, Crucible Industries LLC,
Electralloy, a Division of G.O. Carlson, Inc., North American
Stainless, Universal Stainless & Alloy Products, Inc., and Valbruna
Slater Stainless, Inc. (collectively, the petitioner).
\4\ See Petitioner's Letter, ``Stainless Steel Bar from India
Petitioners' Rebuttal Brief,'' dated April 2, 2021.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the antidumping duty Order \5\ are SS Bar.
A full description of the scope of the Order is contained in the Issues
and Decision Memorandum.\6\
---------------------------------------------------------------------------
\5\ See Antidumping Duty Orders: Stainless Steel Bar from
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Stainless Steel Bar from India; 2019-2020,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this review are addressed in the Issues and
Decision Memorandum. A list of the issues that parties raised, and to
which we responded in the Issues and Decision Memorandum, follows as an
appendix to this notice. The Issues and Decision Memorandum is a public
document and is made available to the public electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Rate for Non-Selected Respondent
We preliminarily applied a rate based on the rate calculated for
the only company not selected for individual examination, Ambica Steels
Limited (Ambica), in the 2018-2019 administrative review (i.e., 0.00).
No party commented on the Preliminary Results regarding the rate for
the non-selected company. Therefore, for these final results, we
continue to assign 0.00 percent to Ambica.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we did not
make changes to the Preliminary Results.
Use of Adverse Facts Available
Pursuant to sections 776(a) and 776(b) of the Act, Commerce
continues to base the Venus Group's dumping margin on total AFA because
it failed to provide information requested by the applicable deadlines.
For the reasons explained in the Issues and Decision Memorandum, we
have continued to apply an AFA rate of 30.92 percent to the Venus
Group.
Final Results of Administrative Review
As a result of this administrative review, Commerce determines that
the following dumping margin exists for the period February 1, 2019,
through January 31, 2020:
------------------------------------------------------------------------
Dumping
Producer/exporter margin
(percent)
------------------------------------------------------------------------
Precision Metals, and its affiliated companies including 30.92
Hindustan Inox, Precision Metals and Sieves
Manufacturers (India) Pvt. Ltd.........................
Rate Applicable to the Following Non-Selected Company:
Ambica Steels Limited............................... 0.00
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses the calculations performed in
connection with final results of an administrative review within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of this notice of final
results in the Federal Register, in accordance with 19 CFR 351.224(b).
However, because Commerce applied total AFA to the only mandatory
respondent under review in accordance with section 776 of the Act,
there are no calculations to disclose to any interested party.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce will instruct CBP to apply an ad valorem assessment rate of
30.92 percent to all entries of subject merchandise during the POR from
the Venus Group. Because the rate assigned to Ambica is zero,\7\
Commerce will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.\8\
---------------------------------------------------------------------------
\7\ In the Preliminary Results, Commerce inadvertently stated
``. . . , we will instruct CBP to apply an ad valorem assessment
rate of 30.92 percent to all entries of subject merchandise during
the POR from the Venus Group and Ambica.'' See Preliminary Results.
We intended to state that we will instruct CBP to apply an ad
valorem assessment of 30.92 percent to the Venus Group, and instruct
CBP to liquidate the appropriate entries for Ambica without regard
to antidumping duties.
\8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of this notice for all shipments of
SS Bar entered, or withdrawn from warehouse, for consumption on or
after the date of publication as provided by section
[[Page 47476]]
751(a)(2) of the Act: (1) The cash deposit rates for the companies
subject to this review will be equal to the dumping margin established
in the final results of the review; (2) for merchandise exported by
producers or exporters not covered in this review but covered in a
prior completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published in the completed
segment 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 has been covered in a prior completed segment of this
proceeding, then the cash deposit rate will be the rate established in
the completed segment 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 12.45 percent, the all-others rate
established in the less-than-fair-value investigation for this
proceeding.\9\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\9\ See Notice of Final Determination of Sales at Less Than Fair
Value: Stainless Steel Bar from India, 59 FR 66915, 66921 (December
28, 1994).
---------------------------------------------------------------------------
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 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 the antidumping duties occurred and the subsequent assessment of
doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction 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
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: August 19, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Comments
Comment 1: Whether Commerce Should Continue to Apply Total
Adverse Facts Available to the Venus Group
Comment 2: Whether Commerce Should Continue to Apply the Rate
Applied to Mukand in the 2010-2011 the Administrative Review as the
AFA Rate to the Venus Group
VII. Recommendation
[FR Doc. 2021-18281 Filed 8-24-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 25, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.