Notice2022-14792
Stainless Steel Flanges From India: Preliminary Results of Countervailing Duty Administrative Review; 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
July 12, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of stainless steel flanges from India during the period of review, January 1, 2020, through December 31, 2020. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 132 (Tuesday, July 12, 2022)</title>
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[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Notices]
[Pages 41282-41284]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14792]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-878]
Stainless Steel Flanges From India: Preliminary Results of
Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of stainless steel flanges from India during
the period of review, January 1, 2020, through December 31, 2020.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable July 12, 2022.
FOR FURTHER INFORMATION CONTACT: Eliza Siordia, 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) 482-3878.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2021, Commerce published a notice of initiation of
an administrative review of the countervailing duty order on stainless
steel flanges from India.\1\
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\1\ See Initiation and Countervailing Duty Administrative
Reviews, 86 FR 67685 (November 29, 2021), as corrected by Initiation
of Antidumping and Countervailing Duty Administrative Reviews, 86 FR
73734 (December 28, 2021); see also Stainless Steel Flanges from
India: Countervailing Duty Order, 83 FR 50336 (October 5, 2018)
(Order).
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\2\
A list of topics discussed in the Preliminary Decision Memorandum is
included at Appendix I to this notice. 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>.
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\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review: Stainless
Steel Flanges from India; 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. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily find
that there is a subsidy, i.e., a financial contribution that gives rise
to a benefit to the recipient, and the subsidy is specific.\3\ For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
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\3\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Review
The Act and Commerce's regulations do not directly address the
subsidy rate
[[Page 41283]]
to be applied to companies not selected for individual examination
where Commerce limits its examination in an administrative review
pursuant to section 777A(e)(2) of the Act. However, Commerce normally
determines the rates for non-selected companies in reviews in a manner
that is consistent with section 705(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an investigation.
Section 777A(e)(2) of the Act provides that ``the individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Section 705(c)(5)(A) of the Act states that for
companies not investigated, in general, we will determine an all-others
rate by weight-averaging the countervailable subsidy rates established
for each of the companies individually investigated, excluding zero and
de minimis rates or any rates based solely on the facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\4\ We preliminarily determine that Chandan Steel Limited
(Chandan) and Goodluck India Limited (Goodluck) received countervailing
subsidies that are above de minimis and are not based entirely on facts
available. Therefore, we preliminarily determine to apply the weighted-
average of the net subsidy rates calculated for Chandan and Goodluck
using publicly ranged sales data submitted by those respondents to the
non-selected companies.\5\ For a list of the 39 companies for which a
review was requested, and which were not selected as mandatory
respondents or found to be cross-owned with a mandatory respondent, see
Appendix II to this notice.
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\4\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\5\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
Federal Register notice.
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Preliminary Results of Review
For the period January 1, 2020, through December 31, 2020, we
preliminarily find that the following net subsidy rates exist:
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Subsidy
rate
Company (percent
ad
valorem)
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Chandan Steel Limited....................................... 4.31
Goodluck India Limited \6\.................................. 3.34
Non-Selected Companies Under Review \7\..................... 4.14
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Assessment Rate
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\6\ Entries for Goodluck India Limited may have been made under
the company name Good Luck Engineering Co. or Goodluck Engineering
Co. See Preliminary Decision Memorandum.
\7\ See Appendix II for a list of companies not selected for
individual examination.
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Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, countervailing duties on all
appropriate entries in accordance with the final results of this
review. If the assessment rate calculated in the final results is zero
or de minimis, we will instruct CBP to liquidate all appropriate
entries without regard to countervailing duties. 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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts indicated above, except, where the rate
calculated in the final results is de minimis, no cash deposit will be
required on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the most recent company-specific or all-others
rate applicable to the company, as appropriate. These cash deposit
instructions, when imposed, shall remain in effect until further
notice.
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\8\ 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.\9\ 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.\10\ Case and
rebuttal briefs should be filed using ACCESS \11\ and must be served on
interested parties.\12\ Executive summaries should be limited to five
pages total, including footnotes. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\13\
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\8\ See 19 CFR 351.224(b).
\9\ 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).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See generally 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
\13\ 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.\14\
Requests should contain the party's name, address, and telephone
number, the number of participants, 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.\15\ If a request for a
hearing is made, Commerce intends to hold the hearing at a time and
date to be determined. Parties should confirm the date and time of the
hearing two days before the scheduled date. 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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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310.
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
[[Page 41284]]
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.
Dated: July 5, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
IX. Recommendation
Appendix II--List of Non-Selected Companies
Ae Engineers and Exporters
Armstrong International Pvt. Ltd.
Avini Metal Limited
Balkrishna Steel Forge Pvt. Ltd.
Bebitz Flanges Works Pvt. Ltd.
BFN Forgings Private Limited
Broadway Overseas Ltd.
CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd.).
CHW Forge Private
Dart Global Logistics Pvt.
Dongguan Good Luck Industrial Co., Ltd.
Dongguan Good Luck Furniture Industrial Co., Ltd.
Echjay Forgings Private Limited
Emerson Process Management
Expeditors International
Fivebros Forgings Pvt. Ltd.
Fluid Controls Pvt. Ltd.
G I Auto Private.
G. I. Auto Pvt. Ltd.
Hilton Metal Forging Limited
Jai Auto Pvt. Ltd.
Jay Jagdamba Ltd.
Jay Jagdamba Profile Private Limited
Jay Jagdamba Forgings Private Limited
Katariya Steel Distributors
Kisaan Die Tech Pvt. Ltd.
Pashupati lspat Pvt. Ltd.
Pashupati Tradex Pvt., Ltd.
Pradeep Metals Ltd.
Rajan Techno Cast.
Rajan Techno Cast Pvt. Ltd.
Rolex Fittings India Pvt. Ltd.
Rollwell Forge Pvt. Ltd.
Safewater Lines (I) Pvt. Ltd.
Saini Flange Pvt. Ltd.
Saini Flanges Private.
Shree Jay Jagdamba Flanges Pvt. Ltd.
Transworld Enterprises
Viraj Profiles Ltd.
[FR Doc. 2022-14792 Filed 7-11-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 12, 2022.
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