Notice2022-19338
Stainless Steel Bar From India: Final Results of Antidumping Duty Administrative Review; 2020-2021
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, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that exporters/producers of stainless steel bar (SS Bar) from India made sales at prices below normal value during the period of review (POR) of February 1, 2020, through January 31, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54968-54970]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19338]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Final Results of Antidumping Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
exporters/producers of stainless steel bar (SS Bar) from India made
sales at prices below normal value during the period of review (POR) of
February 1, 2020, through January 31, 2021.
DATES: Applicable September 8, 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 March 4, 2022, Commerce published in the Federal Register the
Preliminary Results of the 2020-2021 administrative review of the
antidumping duty order on SS Bar from India.\1\ We invited interested
parties to comment on the Preliminary Results and on June 30, 2022,
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, the petitioners) submitted timely filed case briefs.\2\
On July 6 and 12, 2022, Venus Wire Industries Pvt. Ltd., Hindustan
Inox, Precision Metals and Sieves Manufacturers (India) Pvt. Ltd.
(collectively, the Venus Group) and Laxcon Steels Limited, Ocean Steels
Private Limited, Metlax International Private Limited, Parvati Private
Limited, and Mega Steels Private Limited (collectively, Laxcon),
respectively, submitted timely filed rebuttal briefs.\3\ On June 6,
2022, we extended the preliminary results of this review to no later
than August 31, 2022.\4\ For a complete description of the events that
followed the initiation of this review, see the Issues and Decision
Memorandum.\5\
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\1\ See Stainless Steel Bar from India: Preliminary Results and
Partial Rescission of Antidumping Duty Administrative Review; 2020-
2021, 87 FR 12428 (March 4, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Petitioner's Letters, ``Petitioners' Case Brief
Concerning Laxcon,'' dated June 30, 2022; and ``Petitioners' Case
Brief Concerning Venus,'' dated June 30, 2022.
\3\ See Laxcon's Letter, ``Rebuttal of Petitioner Case Brief
Concerning to Laxcon Steels Limited of Anti-Dumping Order on
Stainless Steels Bar from India (A-533-810),'' dated July 12, 2022;
see also Venus Group's Letter, ``Rebuttal Brief,'' dated August 6,
2022. We rejected the Venus Group's initial rebuttal brief
submission because it contained untimely new factual information.
Accordingly, the Venus Group resubmitted its redacted rebuttal brief
on August 6, 2022.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2020-2021,'' dated June
6, 2022.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Stainless Steel Bar from India; 2020-2021,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order <SUP>6</SUP>
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\6\ See Antidumping Duty Orders: Stainless Steel Bar from
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
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The products covered by the Order are SS Bar. A full description of
the scope of the Order is contained in the Issues and Decision
Memorandum.\7\
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\7\ See Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this review are addressed in the Issues and
Decision Memorandum. A list of the topics discussed in the Issues and
Decision Memorandum is included in the appendix to this notice. The
Issues and Decision Memorandum is a public document and is made
available to the public 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 directly 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, we made certain
changes to the margin calculation for Laxcon. For a discussion of these
changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available
Pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act), and for the reasons explained in the Issues and
Decision Memorandum, we applied certain changes to Laxcon's margin
calculation based on the use of partial adverse facts available.
Final Results of Administrative Review
As a result of this administrative review, Commerce determines that
the following estimated weighted-average dumping margins exists for the
period February 1, 2020, through January 31, 2021:
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\8\ Collectively, these companies are known as the Venus Group.
\9\ We are not disclosing any final margin calculations for
Venus Wire Industries Pvt. Ltd., and its affiliates Hindustan Inox
Ltd., Precision Metals and Sieves Manufacturers (India) Pvt. Ltd.
because we made no changes to the preliminary margin calculations,
and we have not performed any calculations in connection with this
final determination. See Memorandum, ``Administrative Review of the
Antidumping Duty Order on Stainless-Steel Bar from India--
Preliminary Analysis Memorandum for the Venus Group; 2020-2021,''
dated February 25, 2022.
\10\ Collectively, these companies are known as Laxcon.
[[Page 54969]]
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Weighted-average
Producer or exporter dumping margin
(percent)
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Venus Wire Industries Pvt. Ltd., and its affiliates \9\ 0.00
Hindustan Inox Ltd., Precision Metals and Sieves
Manufacturers (India) Pvt. Ltd \8\..................
Laxcon Steels Limited, and its affiliates Ocean 3.76
Steels Private Limited, Metlax International Private
Limited, Parvati Private Limited, and Mega Steels
Private Limited \10\................................
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Disclosure
With respect to Laxcon, we intend to disclose the calculations
performed for these final results of review to the parties within five
days after public announcement, in accordance with 19 CFR 351.224(b).
With respect to the Venus Group, because we made no changes to the
margin for the Venus Group in these final results there are no
calculations to disclose.
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), upon issuance of the final results of review, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries covered by this
review. Commerce intends to issue appropriate assessment instructions
to CBP no earlier than 35 days after publication of these final results
of review. 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).
For Laxcon, 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).\11\ 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 reference to
antidumping duties.
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\11\ In these final results, Commerce applied the assessment
rate calculation method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Duty Proceedings; Final Modification, 77
FR 8101 (February 14, 2012).
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For entries of subject merchandise during the POR produced by
Laxcon for which it did not know that its merchandise was destined for
the United States, we will instruct CBP to liquidate unreviewed entries
at the all-others rate (i.e., 12.45 percent) \12\ if there is no rate
for the intermediate company(ies) involved in the transaction.\13\
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\12\ See Notice of Final Determination of Sales at Less Than
Fair Value: Stainless Steel Bar from India, 59 FR 66915, 66921
(December 28, 1994) (Order).
\13\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of this notice for all shipments of
SS Bar entered, or withdrawn from warehouse, for consumption on or
after the date of publication as provided by section 751(a)(2)(C) of
the Act: (1) the cash deposit rates for the companies subject to this
review will be equal to the 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 12.45 percent, the all-others rate established in the
less-than-fair-value investigation for this proceeding.\14\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\14\ See Order, 59 FR at 66921.
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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 the antidumping duties occurred and the subsequent assessment of
doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction 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
proceeding. Timely written notification of the return/destruction 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 violation which is subject to sanction.
Notification to Interested Parties
Commerce is 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: August 31, 2022.
Lisa W. Wang,
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. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to the Venus Group
Comment 2: Whether Total AFA is Warranted Because Laxcon
Destroyed Certain Records
Comment 3: Whether Laxcon Failed Verification of Product
Physical Characteristics
Comment 4: Whether Laxcon Provided Complete U.S. Sales Data
Comment 5: Whether Laxcon Provided a Complete Home Market Sales
Database
Comment 6: Whether Laxcon Reported Accurate Packing Expenses
Comment 7: Whether Laxcon Withheld Information Regarding Certain
Home Market Sales
Comment 8: Whether Commerce Should Apply Total AFA to Laxcon
Comment 9: Ministerial Errors in the Preliminary Results for
Laxcon
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VI. Recommendation
[FR Doc. 2022-19338 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 8, 2022.
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