Notice2022-24022
Stainless Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review, Preliminary No Shipment Determination, and Partial Rescission; 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
November 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through September 30, 2021. We preliminarily find that Emerson Process Management (Emerson) and Echjay Forgings Private Limited (Echjay) had no shipments during the POR. Finally, we are rescinding this review with respect to 14 companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 213 (Friday, November 4, 2022)</title>
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[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66645-66648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24022]
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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 No Shipment
Determination, and Partial Rescission; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers/exporters of stainless steel flanges (flanges)
from
[[Page 66646]]
India made sales of subject merchandise in the United States at prices
below normal value (NV) during the period of review (POR) October 1,
2020, through September 30, 2021. We preliminarily find that Emerson
Process Management (Emerson) and Echjay Forgings Private Limited
(Echjay) had no shipments during the POR. Finally, we are rescinding
this review with respect to 14 companies. We invite interested parties
to comment on these preliminary results.
DATES: Applicable November 4, 2022.
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 November 29, 2021, 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 26 companies,\2\ including the mandatory
respondents Chandan Steel Limited (Chandan) and Good Luck Engineering
Co., a unit of Goodluck India Limited (Goodluck). On June 24, 2022, we
extended the deadline for the preliminary results of this
administrative review until October 28, 2022.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 67685, 67686 (November 29, 2021)
(Initiation Notice).
\2\ Id. Commerce listed 42 company names in the Initiation
Notice. Based on information provided to Commerce, we are treating
``Good Luck Engineering Co.'' and ``Goodluck India Ltd.,'' as the
same entity. We also previously found ``BFN Forgings Private
Limited'' to be the successor-in-interest to ``Bebitz Flanges Works
Private Limited.'' See Stainless Steel Flanges from India:
Preliminary Results of Antidumping Duty Administrative Review,
Preliminary Successor-in-Interest Determination, and Partial
Rescission; 2019-2020, 86 FR 60792 (November 4, 2021), unchanged in
Stainless Steel Flanges from India: Final Results of Antidumping
Duty Administrative Review; 2019-2020, 87 FR 27568 (May 9, 2022). As
noted below, we are rescinding this review with respect to 14 of the
39 companies for which we initiated a review.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated
June 24, 2022.
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For details regarding the events that occurred subsequent to the
initiation of this review, see the Preliminary Decision Memorandum.\4\
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="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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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Stainless
Steel Flanges from India; 2020-2021,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ See Stainless Steel Flanges from India: Antidumping Duty
Order, 83 FR 50639 (October 9, 2018) (Order).
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The merchandise covered by the Order is stainless steel flanges
from India. For a full description of the scope, see the 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 a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely
withdrawal requests with respect to 18 companies. For 14 of these
companies, there are no longer any pending review requests and,
accordingly, we are rescinding this review with respect to these 14
companies in accordance with 19 CFR 351.213(d)(1). For a complete list
of the companies for which we are rescinding this review, see Appendix
II.
Preliminary Determination of No Shipments
On December 22, 2022, we received a letter from Emerson notifying
Commerce that it had no exports, sales, or entries of subject
merchandise during the POR.\6\ Commerce issued a no shipment inquiry to
U.S. Customs and Border Protection (CBP), and CBP found no evidence of
shipments from this company during the POR.\7\ Additionally, Echjay
confirmed that it had no exports, sales, or entries of subject
merchandise to the United States during the POR.\8\ Therefore, based on
record evidence, we preliminarily determine that Emerson and Echjay had
no shipments during the POR. Consistent with Commerce's practice, we
find that it is not appropriate to rescind the review with respect to
Emerson and Echjay, but rather to complete the review and issue
appropriate instructions to CBP based on the final results of this
review.
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\6\ See Emerson's Letter, ``Emerson Process Management No
Shipments Letter,'' dated December 22, 2021.
\7\ See Memorandum, ``No Shipments Inquiry for Stainless Steel
Flanges from India Produced and/or Exported by Emerson Process
Management (A-533-877),'' dated September 23, 2022.
\8\ See Echjay's Letter, ``Echjay Supplemental Response of Anti-
Dumping Duty Administrative Review for Period October 01, 2020 to
September 30, 2021,'' dated June 16, 2022, at 1-2.
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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. We preliminarily
calculated a 0.63 percent dumping margin for Chandan and a 49.30
percent dumping margin for Goodluck, the mandatory respondents in this
review, and we have assigned to the non-selected companies a rate of
12.85 percent, which is the weighted average of Chandan's and
Goodluck's margins based on publicly ranged data.\9\ For additional
information, see the
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Preliminary Decision Memorandum at ``Rates for Non-Selected
Companies.''
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\9\ See Memorandum, ``Calculation of Margin for Respondents Not
Selected for Individual Examination,'' dated concurrently with this
notice; see also, 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); 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); Albemarle Corp. v. United States, 821
F. 3d 1345 (Fed. Cir. 2016).
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Methodology
Commerce is conducting this review in accordance with sections
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, 2020, through September 30,
2021:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Chandan Steel Limited....................................... 0.63
Good Luck Engineering Co., a unit of Goodluck India Limited. 49.30
Companies Not Individually Examined \10\.................... 12.85
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Assessment Rates
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\10\ See Appendix III for a full list of companies not
individually examined in this review.
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Upon completion of this administrative review, Commerce shall
determine, and 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. If either 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 where 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) \11\ if there is no rate for the
intermediate company(ies) involved in the transaction.\12\
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\11\ 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).
\12\ 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.\13\
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\13\ 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
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
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 (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 covered by 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 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,\14\ the all-others rate
established in the Amended Final. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\14\ 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 of public announcement of the preliminary results or, if
there is no public announcement, within five days of the date of
publication of this notice.\15\ 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.\16\ 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.\17\ Case and rebuttal
briefs should be filed using ACCESS.\18\ 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.\19\
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\15\ See 19 CFR 351.224(b).
\16\ See 19 CFR 351.309(d); 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).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
\18\ See generally 19 CFR 351.303.
\19\ 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.\20\
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.\21\ 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. If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be
[[Page 66648]]
determined.\22\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\20\ See 19 CFR 351.310(c).
\21\ See 19 CFR 351.310.
\22\ See 19 CFR 351.310(d).
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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
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: October 28, 2022.
Lisa W. Wang,
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. Partial Rescission of Review
V. Preliminary Determination of No Shipments
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. Armstrong International Pvt. Ltd.
2. Avini Metal Limited
3. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd.)
4. Fivebros Forgings Pvt. Ltd.
5. Fluid Controls Pvt. Ltd.
6. Pashupati Ispat Pvt. Ltd.
7. Pashupati Tradex Pvt., Ltd.
8. Rolex Fittings India Pvt. Ltd.
9. Rollwell Forge Pvt. Ltd.
10. Safewater Lines (I) Pvt. Ltd.
11. Saini Flange Pvt. Ltd.
12. Saini Flanges Private
13. Jay Jagdamba Forgings Private Limited
14. Jay Jagdamba Profile Private Limited
Appendix III--List of Companies Not Selected for Individual Examination
1. Ae Engineers & Exporters
2. Balkrishna Steel Forge Pvt. LTD
3. BFN Forgings Private Limited (formerly Bebitz Flanges Works
Private Limited)
4. Broadway Overseas Ltd.
5. CHW Forge Private
6. Dart Global Logistics Pvt.
7. Dongguan Good Luck Furniture Industrial Co., Ltd.
8. Dongguan Good Luck Industrial Co., Ltd.
9. Expeditors International
10. G I Auto Private
11. G.I. Auto Pvt. Ltd.
12. Hilton Metal Forging Limited
13. Jai Auto Pvt. Limited
14. Jay Jagdamba Limited
15. Katariya Steel Distributors
16. Kisaan Die Tech Pvt Ltd
17. Pradeep Metals Limited
18. Rajan Techno Cast
19. Rajan Techno Cast Pvt. Ltd.
20. Shree Jay Jagdamba Flanges Private Limited
21. Transworld Enterprises
22. Viraj Profiles Ltd.
[FR Doc. 2022-24022 Filed 11-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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