Notice2021-19442
Stainless Steel Flanges From India: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination
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 8, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 20, 2021, the U.S. Court of International Trade (CIT) issued its final judgment in Echjay Forgings Private Limited v. United States, Consol. Court no. 18-00230, sustaining the Department of Commerce (Commerce)'s remand redetermination pertaining to the antidumping duty (AD) investigation of stainless steel flanges (flanges) from India covering the period of investigation, July 1, 2016, through June 30, 2017. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final determination in that investigation, and that Commerce is amending the final determination and the resulting AD order with respect to the dumping margin assigned to Echjay Forgings Private Limited (Echjay) and the "all other" companies.
Full Text
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<title>Federal Register, Volume 86 Issue 171 (Wednesday, September 8, 2021)</title>
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[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50325-50326]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19442]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-877]
Stainless Steel Flanges From India: Notice of Court Decision Not
in Harmony With the Final Determination of Antidumping Investigation;
Notice of Amended Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 20, 2021, the U.S. Court of International Trade
(CIT) issued its final judgment in Echjay Forgings Private Limited v.
United States, Consol. Court no. 18-00230, sustaining the Department of
Commerce (Commerce)'s remand redetermination pertaining to the
antidumping duty (AD) investigation of stainless steel flanges
(flanges) from India covering the period of investigation, July 1,
2016, through June 30, 2017. Commerce is notifying the public that the
CIT's final judgment is not in harmony with Commerce's final
determination in that investigation, and that Commerce is amending the
final determination and the resulting AD order with respect to the
dumping margin assigned to Echjay Forgings Private Limited (Echjay) and
the ``all other'' companies.
DATES: Applicable August 30, 2021.
FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482- 0213.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 2018, Commerce published its Final Determination in
the AD investigation of flanges from India.\1\ Commerce found that
Echjay, along with Echjay Industries Private Limited (EIPL), Echjay
Forgings Industry Private Limited (EFIPL), and Spire Industries Private
Limited (Spire), constituted a single entity. Having collapsed the
companies, Commerce requested that Echjay provide information on behalf
of the constituent companies of the collapsed entity. Echjay did not
provide such information. Therefore, Commerce treated Echjay as
noncooperative and assigned Echjay a margin based on facts available,
with adverse inferences (AFA). Specifically, Commerce assigned Echjay a
dumping margin of 145.25 percent and a cash deposit rate of 140.39
percent, accounting for an export subsidy offset based on the parallel
countervailing duty (CVD) investigation.\2\ Commerce subsequently
published the AD order on flanges from India.\3\
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\1\ See Stainless Steel Flanges from India: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Critical Circumstance Determination, 83 FR 40745, 40746 (August 15,
2018) (Final Determination).
\2\ Id., 83 FR 40746.
\3\ See Stainless Steel Flanges from India: Antidumping Duty
Order, 83 FR 50639 (October 9, 2018).
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Echjay appealed Commerce's Final Determination. On October 8, 2020,
the CIT remanded the Final Determination to Commerce, concluding that
Commerce's finding of affiliation and subsequent decision to collapse
Echjay with EIPL, EFIPL and Spire were unsupported by substantial
evidence.\4\
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\4\ See Echjay Forgings Private Limited v. United States, 475 F.
Supp. 3d 1350 (CIT 2020).
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In its remand redetermination, issued in February 2021, Commerce
revisited its prior collapsing determination and concluded that it was
not appropriate to treat Echjay, EIPL, EFIPL, and Spire as a single
entity. As a result, Commerce also revisited its concomitant
application of AFA in determining Echjay's weighted-average dumping
margin and calculated a revised dumping margin for the company.\5\
Finally, in light of Echjay's revised margin, and the method used in
the investigation for determining the all-others rate, we calculated a
revised all-others rate of 7.00 percent. The CIT
[[Page 50326]]
sustained Commerce's final redetermination.\6\
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\5\ See Final Results of Redetermination Pursuant to Court
Remand, Echjay Forgings Private Limited v. United States, Consol.
Court No. 18-00230, Slip Op 20-140 (February 17, 2021).
\6\ See Echjay Forgings Private Limited v. United States,
Consol. Court No. 18-00230, Slip. Op. 21-105 (CIT August 20, 2021).
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Timken Notice
In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\
the Court of Appeals for the Federal Circuit held that, pursuant to
sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's August 20,
2021, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Determination. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
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\7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\8\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination as follows:
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\9\ Commerce reduced Echjay's dumping margin by the ad valorem
export subsidy rate (4.87 percent) found in the companion CVD
investigation. See Final Determination, 83 FR 40746.
\10\ We calculated this rate by offsetting the weighted-average
margin determined for the ``all others'' companies of 11.87 percent
by the export subsidies rate (4.87 percent) found in the companion
CVD investigation.
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Dumping Cash
Company margin deposit
(%) rate (%)
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Echjay Forgings Private Limited..................... 4.58 \9\ 0.00
All Others.......................................... 11.87 \10\
7.00
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Cash Deposit Requirements
Because there is a superseding cash deposit rate, i.e., there have
been final results published in a subsequent administrative review,\11\
we will not issue revised cash deposit instructions to U.S. Customs and
Border Protection (CBP) for Echjay. Commerce will issue revised all-
others cash deposit instructions to CBP.
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\11\ See Stainless Steel Flanges from India: Final Results of
Antidumping Duty Administrative Review; 2018-2019, 86 FR 47619
(August 26, 2021).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: September 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-19442 Filed 9-7-21; 8:45 am]
BILLING CODE 3510-DS-P
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