Notice2022-00018
Finished Carbon Steel Flanges From Spain: 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
January 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that sales of finished carbon steel flanges (flanges) from Spain were made at less than normal value (NV) during the period of review (POR) June 1, 2019, through May 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 4 (Thursday, January 6, 2022)</title>
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[Federal Register Volume 87, Number 4 (Thursday, January 6, 2022)]
[Notices]
[Pages 746-747]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00018]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
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Federal Register / Vol. 87, No. 4 / Thursday, January 6, 2022 /
Notices
[[Page 746]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-815]
Finished Carbon Steel Flanges From Spain: 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 sales of
finished carbon steel flanges (flanges) from Spain were made at less
than normal value (NV) during the period of review (POR) June 1, 2019,
through May 31, 2020.
DATES: Applicable January 6, 2022.
FOR FURTHER INFORMATION CONTACT: Marc Castillo or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-0519 or (202) 482-6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2021, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ These final results cover
eight companies for which an administrative review was initiated and
not rescinded. On August 17, 2021, Weldbend Corporation and Boltex
Manufacturing Co., L.P. (collectively, the petitioners) and ULMA Forja,
S.Coop (ULMA) submitted their case briefs.\2\ On August 24, 2021, the
petitioners and ULMA submitted their rebuttal briefs.\3\ On October 27,
2021, Commerce extended the deadline for these final results, until
December 30, 2021.\4\ Commerce conducted this review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Finished Carbon Steel Flanges from Spain: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020, 86 FR
35745 (July 7, 2021) (Preliminary Results).
\2\ See Petitioners' Letter, ``Finished Carbon Steel Flanges
from Spain: Petitioners' Case Brief,'' dated August 17, 2021; and
ULMA's Letter, ``ULMA Forja, S. Coop's Case Brief: Finished Carbon
Steel Flanges from Spain, POR 3,'' dated August 17, 2021.
\3\ See Petitioners' Letter, ``Finished Carbon Steel Flanges
from Spain: Petitioners' Rebuttal Case Brief,'' dated August 24,
2021; and ULMA's Letter, ``ULMA Forja, S. Coop's Rebuttal Brief:
Finished Carbon Steel Flanges from Spain, POR 3,'' dated August 24,
2021.
\4\ See Memorandum, ``Finished Carbon Steel Flanges from Spain:
Extension of Time Limit for Final Results of Antidumping Duty
Administrative Review, 2019-2020,'' dated October 27, 2021.
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Scope of the Order <SUP>5</SUP>
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\5\ See Finished Carbon Steel Flanges from Spain: Antidumping
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
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The scope of the Order covers finished carbon steel flanges from
Spain. A full description of the scope of the Order is contained in the
Issues and Decision Memorandum.\6\
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\6\ See Memorandum, ``Issues and Decisions Memorandum for the
Final Results of the Antidumping Duty Administrative Review:
Finished Carbon Steel Flanges from Spain; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum. A
list of the issues addressed in the Issues and Decision Memorandum is
in the appendix to this notice. The Issues and 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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues
and Decision Memorandum can be accessed at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of the comments received, and for the reasons
explained in the Issues and Decision Memorandum, we made certain
changes from the Preliminary Results.
Final Results of Administrative Review
For these final results, we determine that the following weighted-
average dumping margins exist for the period June 1, 2019, through May
31, 2020:
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Weighted-
average
Exporter/manufacturer dumping margin
(percent)
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ULMA Forja, S.Coop...................................... 5.76
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Rate Applicable to the Following Non-Selected Companies
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Aleaciones De Metales Sinterizados S.A.................. 5.76
Central Y Almacenes..................................... 5.76
Farina Group Spain...................................... 5.76
Friedrich Geldbach Gmbh................................. 5.76
Grupo Cunado............................................ 5.76
Transglory S.A.......................................... 5.76
Tubacero, S.L........................................... 5.76
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Rate for Non-Selected Respondents
For the rate for non-selected respondents in an administrative
review, 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. 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} .'' In this segment of
the proceeding, we calculated a margin for ULMA that was not zero, de
minimis, or based on facts available. Accordingly, we have applied the
margin calculated for ULMA to the non-individually examined
respondents.
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to parties in this review
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
[[Page 747]]
Assessment Rates
Commerce shall determine 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. For ULMA, we calculated importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales and the total entered value of those
sales in accordance with 19 CFR 351.212(b)(1). Where an importer-
specific assessment rate is de minimis (i.e., less than 0.5 percent),
the entries by that importer will be liquidated without regard to
antidumping duties. For entries of subject merchandise during the POR
produced by ULMA for which it did not know its merchandise was destined
for the United States, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\7\ For the companies
identified above that were not selected for individual examination, we
will instruct CBP to liquidate entries at the rates established in
these final results of review.
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\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 for estimated antidumping
duties will be effective upon publication of this notice for all
shipments of flanges from Spain entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash deposit rate for the
companies subject to this review will be equal to the company-specific
weighted-average 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 18.81 percent, the all-others rate established in the less-than-
fair-value investigation of this proceeding.\8\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ See Order, 82 FR at 27229.
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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 antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties Regarding Administrative Protective
Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction or return 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
the proceeding. Timely written notification of the destruction or
return 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 sanctionable violation.
We are 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: December 30, 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
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Currency of Imputed Credit Expenses
Comment 2: Scrap Offset
Comment 3: Differential Pricing Methodology
Comment 4: Marine Insurance Currency
Comment 5: Rounding of General and Administrative Expenses Ratio
V. Recommendation
[FR Doc. 2022-00018 Filed 1-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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