Notice2021-19256
Finished Carbon Steel Flanges From India: Preliminary 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
September 7, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that producers/exporters of finished carbon steel flanges from India (flanges), including R.N. Gupta & Co. (Gupta) and the Norma Group sold subject merchandise at prices below normal value (NV) during the period of review (POR) August 1, 2019, through July 31, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 170 (Tuesday, September 7, 2021)</title>
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[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50048-50050]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19256]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-871]
Finished Carbon Steel Flanges From India: Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
producers/exporters of finished carbon steel flanges from India
(flanges), including R.N. Gupta & Co. (Gupta) and the Norma Group sold
subject merchandise at prices below normal value (NV) during the period
of review (POR) August 1, 2019, through July 31, 2020.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Fred Baker, George McMahon, or
Margaret Collins, AD/CVD Operations, Office VI, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-2924, (202) 482-1167, or (202) 482-6250, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 4, 2020, we published in the Federal Register a notice of
opportunity to request an administrative review of the antidumping duty
order on flanges from India, for the period August 1, 2019, through
July 31, 2020.\1\ Subsequently, Commerce received timely requests for
an administrative review from the petitioners,\2\ Gupta, the Norma
Group, Bebitz Flanges Works Private Limited (Bebitz), Jai Auto Pvt.
Ltd. of India (Jai Auto), Munish Forge Private Limited, Balkrishna
Steel Forge Pvt. Ltd., and Aditya Forge Ltd.\3\ On October 6, 2020,
Commerce initiated an administrative review of the Order with respect
to 41 companies.\4\ On November 12, 2020, Commerce selected Gupta and
the Norma Group \5\ as the mandatory respondents for this review.\6\ On
April 27, 2021, Commerce extended the deadline for the preliminary
results of this review until August 31, 2021.\7\ For a complete
description of the events that followed the initiation of this review,
[[Page 50049]]
see the Preliminary Decision Memorandum.\8\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 47167 (August 4, 2020); see also Finished Carbon Steel
Flanges from India and Italy: Antidumping Duty Orders, 82 FR 40136
(August 24, 2017) (Order).
\2\ The petitioners are Weldbend Corporation and Boltex
Manufacturing Co., L.P. (collectively, the petitioners).
\3\ See Petitioners' Letter, ``Request for Administrative
Review,'' dated August 31, 2020; see also Gupta's Letter, ``Finished
Carbon Steel Flanges from India: Request for Anti-Dumping Duty
Administrative Review,'' dated August 28, 2020; Norma Group's
Letter, ``Request for Entry of Appearance in the Anti-Dumping Duty
Administrative Review for Norma (India) Limited, USK Export Private
Limited, Umashanker Khandelwal and Co. and Bansidhar Chiranjilal,''
dated August 27, 2020; Bebitz's Letter, ``Finished Carbon Steel
Flanges from India: Requests for Administrative Review,'' dated
August 28, 2020; Jai Auto's Letter, ``Request for Anti-Dumping Duty
Administrative Review of Finished Carbon Steel Flanges from India,''
dated August 31, 2020; Munish Forge Private Limited's Letter,
``Finished Carbon Steel Flanges from India: Request for Anti-Dumping
Duty Administrative Review,'' dated August 27, 2020; Balkrishna
Steel Forge Pvt. Ltd.'s Letter, ``Carbon Steel Flanges from India,
Antidumping & Countervailing Duty,'' dated August 31, 2020; and
Aditya Forge Ltd.'s Letter, ``Request for Anti-Dumping Duty
Administrative Review of Finished Carbon Steel Flanges from India,''
dated August 31, 2020.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63081 (October 6, 2020).
\5\ In prior segments of this proceeding, we determined that
Norma (India) Limited; USK Exports Private Limited; Uma Shanker
Khandelwal & Co.; and Bansidhar Chiranjilal should be collapsed and
treated as a single entity (the Norma Group). See Finished Carbon
Steel Flanges from India: Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final Determination, 82 FR 9719
(February 8, 2017) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum at 4-5, unchanged in Finished Carbon
Steel Flanges from India: Final Determination of Sales at Less Than
Fair Value, 82 FR 29483 (June 29, 2017) (Final Determination);
Finished Carbon Steel Flanges from India: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018, 84 FR 57848,
57849 (October 29, 2019), unchanged in Finished Carbon Steel Flanges
from India: Final Results of Antidumping Duty Administrative Review;
2017-2018, 85 FR 21391 (April 17, 2020); Finished Carbon Steel
Flanges from India: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019, 85 FR 83051, 83052 (December 21, 2020), unchanged in
Finished Carbon Steel Flanges from India: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2018-2019, 86 FR 33226 (June 24, 2021). In this review,
the Norma Group presented evidence that the factual basis on which
Commerce made its prior determination has not changed. See Norma
Group's Letter, ``Finished Carbon Steel Flanges from India: Response
to Section A-D of Antidumping Duty Supplemental Questionnaire,''
dated August 11, 2021 at S1-2-S1-8. Therefore, in this
administrative review, Commerce continues to collapse and treat
these four companies as a single entity.
\6\ See Memorandum, ``Antidumping Duty Administrative Review of
Finished Carbon Steel Flanges from India: Respondent Selection,''
dated November 12, 2020.
\7\ See Memorandum, ``Antidumping Duty Order on Finished Carbon
Steel Flanges from India: Extension of Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020,'' dated April 27,
2021.
\8\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Finished Carbon
Steel Flanges from India; 2019-2020,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is finished carbon steel
flanges from India. The product is currently classified under
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff
System of the United States (HTSUS). Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of merchandise subject to the scope is dispositive.\9\
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\9\ For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
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Rate for Non-Selected Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Tariff Act
of 1930, as amended (the Act). 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, for guidance when
calculating the rate for companies which were not selected for
individual examination in an administrative review. 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} .''
We preliminarily calculated a 0.77 percent dumping margin for Gupta
and a 4.38 percent dumping margin for the Norma Group, the mandatory
respondents in this review, and we have assigned to the non-selected
companies a rate of 2.25 percent, which is the weighted-average of
Gupta's and the Norma Group's margins based on public data.\10\ For
additional information, see the Preliminary Decision Memorandum. The
Preliminary 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as Appendix I to this notice.
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\10\ See, e.g., Xanthan Gum from the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review,
and Partial Rescission; 2018-2019, 85 FR 75686, 74687 (November 23,
2020); Albemarle Corp. v. United States, 821 F. 3d 1345 (Fed. Cir.
2016); Emulsion Styrene-Butadiene Rubber from the Republic of Korea:
Preliminary Results of the Administrative Review of the Antidumping
Duty Order; 2018-2019, 85 FR 39534 (July 1, 2020); and Memorandum,
``Preliminary Results of the Antidumping Duty Administrative Review
of Finished Carbon Steel Flanges from India: Calculation of Margin
for Respondents Not Selected for Individual Examination,'' dated
August 31, 2021.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price is calculated in
accordance with section 772 of the Act and NV is calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margins exist for the period
August 1, 2019, through July 31, 2020:
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\11\ See Appendix II for a full list of non-selected companies.
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Weighted-
average
Producers/exporters dumping margin
(percent)
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R. N. Gupta & Co., Ltd.................................. 0.77
Norma (India) Limited/USK Exports Private Limited/Uma 4.38
Shanker Khandelwal & Co./Bansidhar Chiranjilal.........
Non-Selected Companies \11\............................. 2.25
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days of the date of publication of this notice, in accordance with
19 CFR 351.224(b).
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\12\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than seven days after the date for filing case briefs.\13\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020).
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All submissions to Commerce must be filed electronically using
ACCESS, and must also be served on interested parties.\14\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the document is due.
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\14\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS within 30 days of publication of this notice.\15\ Requests
should contain: (1) The party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs.
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\15\ See 19 CFR 351.310(c).
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Pursuant to section 751(a)(2)(B)(iv) of the Act and 19 CFR
351.213(h)(2), Commerce intends to issue the final results of this
administrative review, including the results of its analysis of issues
raised in any written briefs, not later than 120 days after the date of
publication of this notice, unless extended.\16\
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\16\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\17\
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\17\ See 19 CFR 351.212(b)(1).
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For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., greater than or equal to 0.5
percent) in the final results of this review, we will calculate
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of antidumping duties calculated for the examined
sales to the total entered value of the examined sales to that
importer, and we will instruct CBP to assess antidumping duties on all
[[Page 50050]]
appropriate entries covered by this review. For entries of subject
merchandise during the POR produced by each respondent for which it did
not know its merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\18\ Where either the individually-selected respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\18\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the methodology described
in the ``Rates for Non-Examined Companies'' section. The final results
of this review shall be the basis for the assessment of antidumping
duties on entries of merchandise covered by this review where
applicable.
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 deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for the companies under review will be the rate established in the
final results of this review, except if the rate is de minimis within
the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50 percent), in
which case the cash deposit rate will be zero; (2) for merchandise
exported by manufacturers 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
recently completed segment; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recently completed segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 8.91 percent, the all-others rate
established in the less-than-fair-value investigation.\19\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ See Order, 82 FR at 40138.
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Notification to Importers
This notice also serves as a preliminary 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 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rates for Non-Examined Companies
V. Discussion of the Methodology
VI. Recommendation
Appendix II
Companies Not Selected for Individual Examination
Adinath International
Aditya Forge Limited
Allena Group
Alloyed Steel
Balkrishna Steel Forge Pvt. Ltd.
Bebitz Flanges Works Private Limited
C.D. Industries
CHW Forge
CHW Forge Pvt. Ltd
Citizen Metal Depot
Corum Flange
DN Forge Industries
Echjay Forgings Limited
Falcon Valves and Flanges Private Limited
Heubach International
Hindon Forge Pvt. Ltd.
Jai Auto Pvt. Ltd.
Kinnari Steel Corporation
Mascot Metal Manufacturers
M F Rings and Bearing Races Ltd.
Munish Forge Private Limited
OM Exports
Punjab Steel Works
Raaj Sagar Steels
Ravi Ratan Metal Industries
R. D. Forge
Rolex Fittings India Pvt. Ltd.
Rollwell Forge Engineering Components and Flanges
Rollwell Forge Pvt. Ltd.
SHM (ShinHeung Machinery)
Siddhagiri Metal & Tubes
Sizer India
Steel Shape India
Sudhir Forgings Pvt. Ltd.
Tirupati Forge Pvt. Ltd.
Umashanker Khandelwal Forging Limited
[FR Doc. 2021-19256 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P
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