Notice2021-24078
Stainless Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Successor-in-Interest Determination, and Partial Rescission; 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
November 4, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that certain producers/exporters of stainless steel flanges (flanges) from India made sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR), October 1, 2019, through September 30, 2020. We preliminarily find that BFN Forgings Private Limited (BFN Forgings) is the successor-in-interest to Bebitz Flanges Works Private Limited (Bebitz Flanges). Finally, we are rescinding this review with respect to 38 companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 211 (Thursday, November 4, 2021)</title>
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[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Pages 60792-60794]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24078]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-877]
Stainless Steel Flanges From India: Preliminary Results of
Antidumping Duty Administrative Review, Preliminary Successor-in-
Interest Determination, and Partial Rescission; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
certain producers/exporters of stainless steel flanges (flanges) from
India made sales of subject merchandise in the United States at prices
below normal value (NV) during the period of review (POR), October 1,
2019, through September 30, 2020. We preliminarily find that BFN
Forgings Private Limited (BFN Forgings) is the successor-in-interest to
Bebitz Flanges Works Private Limited (Bebitz Flanges). Finally, we are
rescinding this review with respect to 38 companies. We invite
interested parties to comment on these preliminary results.
DATES: Applicable November 4, 2021.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Christopher
Maciuba, AD/CVD Operations, Office V, Enforcement and Compliance,
International Trade Administration, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4725
or (202) 482-0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 2020, Commerce initiated an administrative review of
the antidumping duty order on flanges from India, in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ This
administrative review covers 19 companies,\2\ including the mandatory
respondents Chandan Steel Limited (Chandan) and Kisaan Die Tech Private
Limited (KDT).\3\ On June 24, 2021, we extended the deadline for the
preliminary results until October 29, 2021.\4\ For details regarding
the events that occurred subsequent to the initiation of this review,
see the Preliminary Decision Memorandum.\5\ A list of topics included
in the Preliminary Decision Memorandum is included as an appendix to
this notice. The Preliminary Decision Memorandum is a public document
and is made available to the public 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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 78990 (December 8, 2020) (Initiation
Notice).
\2\ Although we initiated a review of the companies ``Jay
Jagdamba Limited'' and ``Jay Jagdamba Ltd.,'' we are treating these
companies as the same entity for purposes of this segment of the
proceeding. See Initiation Notice. Additionally, we preliminary find
BFN Forgings to be the successor-in-interest to Bebitz Flanges. For
further discussion, see the section ``Preliminary Successor-in-
Interest Determination'' below.
\3\ We referred to this company in the Initiation Notice as
``Kisaan Die Tech.'' The company's full name is Kisaan Die Tech
Private Limited.
\4\ See Memorandum, ``Stainless Steel Flanges from India:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review, 2019-2020,'' dated June 24, 2021.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Stainless
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 stainless steel flanges
from India.\6\ For a full description of the scope, see the Preliminary
Decision Memorandum.
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\6\ See Stainless Steel Flanges from India: Antidumping Duty
Order, 83 FR 50639 (October 9, 2018) (Order).
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Preliminary Successor-in-Interest Determination
BFN Forgings reported that, during the POR, it changed its name
from ``Bebitz Flanges Works Private Limited'' to ``BFN Forgings Private
Limited.'' Based on our analysis of the information on the record
regarding any changes with respect to corporate structure,
manufacturing facilities, customers, and suppliers, we preliminarily
determine that BFN Forgings is the successor-in-interest to Bebitz
Flanges, and, as a result, should be accorded the same treatment
previously accorded to Bebitz Flanges. For further discussion, see the
Preliminary Decision Memorandum at ``Preliminary Successor-In-Interest
Determination.''
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of the date
of publication of notice of initiation of the requested review. On
March 8, 2021, the Coalition of American Flange Producers (the
petitioner) timely withdrew its request for an administrative review
for 38 companies. No other party requested a review of these companies.
For a complete list of the companies for which we are rescinding this
review, see Appendix II. Accordingly, we are rescinding this review
with respect to these companies, pursuant to 19 CFR 351.213(d)(1).
Rate for Non-Selected Companies
The Act and Commerce's regulations do not address the 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 Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a less-than-fair value (LTFV) 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 5.78 percent dumping margin for Chandan and
a 1.18 percent dumping margin for KDT, the mandatory respondents in
this review, and we have assigned to the non-selected companies a rate
of 5.28 percent, which is the weighted-average of Chandan's and KDT's
margins based on publicly ranged data.\7\ For additional information,
see the Preliminary Decision Memorandum at ``Rates for Non-Selected
Companies.''
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\7\ 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), unchanged in Xanthan Gum from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2018-2019,
86 FR 16189 (March 26, 2021); Albemarle Corp. v. United States, 821
F. 3d 1345 (Fed. Cir. 2016); and 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), unchanged in Emulsion Styrene-Butadiene
Rubber From the Republic of Korea: Final Results of the
Administrative Review of the Antidumping Duty Order; 2018-2019, 85
FR 67512 (October 23, 2020); see also Memorandum, ``Preliminary
Results of the Antidumping Duty Administrative Review of Stainless
Steel Flanges from India: Calculation of Margin for Respondents Not
Selected for Individual Examination,'' dated October 29, 2021.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1) and (2) of the Act. We calculated export price and
constructed export price in accordance with section 772 of the Act. We
calculated NV in accordance with section 773 of the Act. For a full
description of the methodology underlying these preliminary results,
see the Preliminary Decision Memorandum.
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margins exist for the period October 1, 2019, through September 30,
2020:
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\8\ See Appendix III for a full list of companies not
individually examined in this review.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Chandan Steel Limited....................................... 5.78
Kisaan Die Tech Private Limited............................. 1.18
Companies Not Individually Examined \8\..................... 5.28
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries.
Pursuant to 19 CFR 351.212(b)(1), because the individually-examined
respondents reported the entered value for their U.S. sales, we will
calculate importer-specific ad valorem antidumping 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 those
same sales. Where either the respondent's weighted-average dumping
margin is zero or de minimis within the meaning of 19 CFR 351.106(c),
or an importer-specific rate is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which the company did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate established in the original LTFV
investigation (i.e., 7.00 percent) \9\ if there is no rate for the
intermediate company(ies) involved in the transaction.\10\
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\9\ See Stainless Steel Flanges from India: Notice of Court
Decision Not in Harmony with the Final Determination of Antidumping
Investigation; Notice of Amended Final Determination, 86 FR 50325
(September 8, 2021) (Amended Final).
\10\ For a full discussion of this practice, 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 review-specific
average rate, calculated as noted in the ``Preliminary Results of
Review'' section, above. The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by this review and for future deposits of estimated
duties, where applicable.\11\
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\11\ See section 751(a)(2)(C) of the Act.
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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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
finals results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
under review will be equal to the weighted-average dumping margin
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 previously reviewed or investigated companies not in this review,
the cash deposit rate will continue to be the company-specific rate
published for the most recently-completed segment of this proceeding in
which they were examined; (3) if the exporter is not a firm covered in
this review, a prior review, or the original
[[Page 60794]]
LTFV investigation, but the producer is, the cash deposit rate will be
the rate established for the most recently-completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
7.00 percent,\12\ the all-others rate established in the amended final
determination of the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\12\ See Amended Final, 86 FR at 50326.
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\13\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\14\ 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.\15\ Case and rebuttal briefs should be filed using ACCESS
\16\ and must be served on interested parties.\17\ Executive summaries
should be limited to five pages total, including footnotes. Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information until further notice.\18\
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
\18\ See Temporary Rule.
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\19\
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.\20\ Parties are reminded that all briefs and
hearing requests must be filed electronically using ACCESS and received
successfully in their entirety by 5:00 p.m. Eastern Time on the due
date.
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\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a 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 antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: October 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Successor-In-Interest Determination
V. Partial Rescission of Review
VI. Rate for Non-Selected Companies
VII. Discussion of the Methodology
VIII. Recommendation
Appendix II
Companies for Which the Review Request Was Withdrawn and for Which
Commerce Is Rescinding This Review
1. Arien Global
2. Armstrong International Pvt. Ltd.
3. Avini Metal Limited
4. Bee Gee Enterprises
5. Bsl Freight Solutions Pvt., Ltd.
6. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd.)
7. Cipriani Harrison Valves Pvt. Ltd.
8. CTL Logistics (India) Pvt. Ltd.
9. Echjay Forgings Pvt. Ltd.
10. Fivebros Forgings Pvt. Ltd.
11. Fluid Controls Pvt. Ltd.
12. Geodis Oversea Pvt., Ltd.
13. Globelink WW India Pvt., Ltd.
14. Good Luck Engineering Co.
15. Goodluck India Ltd.
16. Hilton Metal Forging Limited
17. Kunj Forgings Pvt. Ltd.
18. Montane Shipping Pvt., Ltd.
19. Noble Shipping Pvt. Ltd.
20. Paramount Forge
21. Pashupati Ispat Pvt. Ltd.
22. Pashupati Tradex Pvt., Ltd.
23. Peekay Steel Castings Pvt. Ltd.
24. Pradeep Metals Ltd.
25. R D Forge Pvt., Ltd.
26. Rolex Fittings India Pvt. Ltd.
27. Rollwell Forge Pvt. Ltd.
28. Safewater Lines (I) Pvt. Ltd.
29. Saini Flange Pvt. Ltd.
30. SAR Transport Systems
31. Shilpan Steelcast Pvt. Ltd.
32. Teamglobal Logistics Pvt. Ltd.
33. Technical Products Corporation
34. Technocraft Industries India Ltd.
35. Transworld Global Logistics Solutions (India) Pvt. Ltd.
36. VEEYES Engineering Pvt. Ltd.
37. Vishal Shipping Agencies Pvt. Ltd.
38. Yusen Logistics (India) Pvt. Ltd
Appendix III
List of Companies Not Selected for Individual Examination
Ae Engineers & Exporters
Balkrishna Steel Forge Pvt. Ltd.
BFN Forgings Private Limited (former name Bebitz Flanges Works
Private Limited) \21\
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\21\ We preliminary find BFN Forgings Private Limited to be the
successor-in-interest to Bebitz Flanges Works Private Limited.
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Broadway Overseas Ltd.
Dongguan Good Luck Furniture Industrial Co., Ltd.
DSV Air and Sea Pvt. Ltd.
DSV Logistics
G.I. Auto Pvt. Ltd.
Jai Auto Pvt. Ltd.
Jay Jagdamba Forgings Private Limited
Jay Jagdamba Limited \22\
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\22\ We also initiated a review of this company under the name
``Jay Jagdamba Ltd.'' We are treating these companies as the same
entity for purposes of this segment of the proceeding.
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Jay Jagdamba Profile Private Limited
Katariya Steel Distributors
Lotus CNC Components
Motor Aids
Shree Jay Jagdamba Flanges Private Limited
Transworld Enterprises
Transworld Group
Viraj Profiles Ltd.
[FR Doc. 2021-24078 Filed 11-3-21; 8:45 am]
BILLING CODE 3510-DS-P
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