Notice2022-04550
Stainless Steel Bar From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021
Primary source
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Published
March 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that certain producers/exporters subject to this administrative review made sales of stainless steel bar (SS bar) from India at less than normal value (NV). Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 87 Issue 43 (Friday, March 4, 2022)</title>
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[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12428-12429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04550]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain producers/exporters subject to this administrative review
made sales of stainless steel bar (SS bar) from India at less than
normal value (NV). Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable March 4, 2022.
FOR FURTHER INFORMATION CONTACT: Jacob Keller or 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) 482-4849 or (202)
482-6187, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2021, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on SS bar from India.\1\ The
period of review is February 1, 2020, through January 31, 2021. On
September 30, 2021, we extended the preliminary results of this review
to no later than February 25, 2022.\2\ For a complete description of
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 17124 (April 1, 2021) (Initiation
Notice); see also Antidumping Duty Orders: Stainless Steel Bar from
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021,''
dated September 30, 2021.
\3\ See Memorandum, ``Stainless Steel Bar from India: Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is SS bar from India. For a
complete description of the scope of the Order, see Preliminary
Decision Memorandum.
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 the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from to Ambica Steels Limited (Ambica),
pursuant to 19 CFR 351.213(d)(1).\4\ Because the withdrawal request was
timely filed, and no other party requested a review of the company, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review of the Order with respect to Ambica.
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\4\ See Ambica's Letter, ``Request for Administrative Review of
Anti-Dumping Duty of Ambica Steels Limited (``Ambica''),'' dated
February 26, 2021.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. 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. 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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of
the topics discussed in the Preliminary Decision Memorandum is included
in the appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period February 1,
2020, through January 31, 2021:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Venus Wire Industries Pvt. Ltd., and its affiliates 0.00
Hindustan Inox Ltd., Precision Metals and Sieves
Manufacturers (India) Pvt. Ltd.\5\.........................
Laxcon Steels Limited....................................... 0.65
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Assessment Rates
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\5\ Collectively these companies are known as the Venus Group.
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Upon issuance of the final results in this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess antidumping duties on all appropriate entries covered by
this POR.\6\ If a respondent's weighted-average dumping margin is above
de minimis (i.e., 0.50 percent) in the final results of these reviews,
we will calculate importer-specific assessment rates on the basis of
the ratio of the total amount of dumping calculated for each importer's
examined sales and, where possible, the total entered value of sales.
Specifically, Commerce will apply the assessment rate calculation
method adopted in Final Modification for Reviews.\7\ Where an importer-
(or customer-) specific ad valorem rate is zero or de minimis, we will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\8\
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\6\ See 19 CFR 351.212(b).
\7\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(Final Modification for Reviews).
\8\ See 19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by the
Venus Group and Laxcon for which they did not know their 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.
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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent and,
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therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
investigated or reviewed companies not covered in this review, the cash
deposit rate will continue to be the company-specific cash deposit rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, or the less-than-fair-value (LTFV)
investigation, but the manufacturer is, then the cash deposit rate will
be the rate established for the most recent segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 12.45 percent, the
all-others rate established in the LTFV investigation.\9\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\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).
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\10\
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\10\ See 19 CFR 351.224(b).
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Verification
On July 12, 2021, Commerce received a request from domestic
producers 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, Petitioners) to conduct
verification of the responses in this administrative review.\11\ As
provided in section 782(i)(3) of the Act, Commerce intends to verify
the information relied upon in the final results. Normally, Commerce
verifies information using standard procedures, including an on-site
examination of original accounting, financial, and sales documentation.
However, due to current travel restrictions in response to the global
COVID-19 pandemic, Commerce is unable to conduct on-site verification
in this review. Accordingly, we intend to verify the information relied
upon in the final results through alternative means in lieu of on-site
verification. Commerce will notify interested parties of any additional
documentation or information required.
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\11\ See Petitioners' Letter, ``Petitioners' Request for
Verification,'' dated July 12, 2021.
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Public Comment
Because Commerce intends to conduct verification after these
preliminary results, interested parties will be provided an opportunity
to submit written comments (case briefs) at a date to be determined by
Commerce and rebuttal comments (rebuttal briefs) within seven days
after the time limit for filing case briefs.\12\ Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be limited to issues raised in the
case briefs.\13\ Commerce modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\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\
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\12\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested
parties will be notified through ACCESS regarding the deadline for
submitting case briefs; see also 19 CFR 351.303 (for general filing
requirements); Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (collectively,
Temporary Rule).
\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\14\ See Temporary Rule.
\15\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
the issues raised in any written briefs, no 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).
Final Results
Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, no later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\16\
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\16\ See section 751(a)(3)(A) of the Act.
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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) 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
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: February 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022-04550 Filed 3-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 4, 2022.
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