Notice2023-04574
Stainless Steel Bar From India: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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
March 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on stainless steel bar from India. The period of review (POR) is February 1, 2021, through January 31, 2022. This review covers four producers/exporters of the subject merchandise. We preliminarily determine that subject merchandise has not been sold at less than at normal value during this POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14118-14120]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04574]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Preliminary Results of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on stainless steel
bar from India. The period of review (POR) is February 1, 2021, through
January 31, 2022. This review covers four producers/exporters of the
subject merchandise. We preliminarily determine that subject
merchandise has not been sold at less than at normal value during this
POR. We invite interested parties to comment on these preliminary
results.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, 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) 482-1785.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 1995, Commerce published the antidumping duty order
on stainless steel bar from India.\1\ On April 12, 2022, based on
timely requests for administrative reviews, Commerce initiated an
administrative review of the Order,\2\ and subsequently selected Laxcon
Steels Limited (Laxcon), as the sole mandatory respondent. On October
17, 2022, we extended the preliminary results until February 28,
2023.\3\
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\1\ See Antidumping Duty Orders: Stainless Steel Bar from
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 21619 (April 12, 2022).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated October 17, 2022.
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Scope of the Order
The product covered by this Order is stainless steel bar from
India. For a full description of the scope, see the Preliminary
Decision Memorandum.\4\
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\4\ See Memorandum, ``Stainless Steel Bar from India: Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum), at
2-3.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) 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. A list of the
topics discussed in the Preliminary Decision Memorandum is included as
the 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>.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period February 1, 2021, through January
31, 2022:
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Weighted- average
Producer/exporter dumping margin
(percent)
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Laxcon Steels Limited, and its affiliates, Ocean 0.00
Steels Private Limited, Metlax International Private
Limited, Parvati Private Limited, and Mega Steels
Private Limited \5\.................................
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Non-Selected Companies
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Venus Wire Industries Pvt. Ltd., and its affiliates, 0.00
Precision Metals, Hindustan Inox Ltd., and Sieves
Manufacturers (India) Pvt. Ltd.\6\..................
Bhansali Bright Bars Pvt. Ltd........................ 0.00
Bhansali Inc......................................... 0.00
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Rate for Companies Not Individually Examined
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\5\ Collectively, these companies are known as Laxcon.
\6\ Collectively, these companies are known as Venus Group.
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The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin 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 weighted-average dumping margin 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 examined, excluding any margins that are zero,
de minimis (i.e., less than 0.5 percent), or determined entirely on the
basis of facts available. However, where the dumping margins for
individually examined respondents are all zero, de minimis, or based
entirely on facts available, section 735(c)(5)(B) of the Act provides
that Commerce may use ``any reasonable method to establish the
estimated all-others rate for exporters and producers not individually
investigated, including averaging the estimated weighted average
dumping margins determined for the exporters and producers individually
investigated.'' In this review, we have calculated a weighted-average
dumping margin for Laxcon, the sole mandatory respondent, that is zero.
Consistent with section 735(c)(5)(B) of the Act, we are assigning to
the three companies not selected for individual examination, Venus
Group, Bhansali Bright Bars Pvt. Ltd., and Bhansali Inc., the zero
percent rate calculated for the mandatory respondent, Laxcon.
Disclosure
We intend to disclose the calculations performed for these
preliminary results to the interested parties within five days after
public announcement of the preliminary results in accordance with 19
CFR 351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to the Assistant Secretary for Enforcement and Compliance not
later than 30 days after the date of publication of this notice, unless
Commerce alters the time limit. 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.\7\ Parties who submit case briefs or
rebuttal briefs in this administrative review 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.\8\ Note that Commerce
has temporarily modified certain of its requirements for service of
documents containing business proprietary information, until further
notice.\9\
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\7\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\10\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. 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 these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act, unless extended.
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\10\ See 19 CFR 351.310(c).
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Assessment Rate
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\11\ If a
respondent's weighted-average dumping margin is above de minimis in the
final results of this review, we will calculate an importer-specific
assessment rate based on the ratio of the total amount of dumping
calculated for each importer's examined sales and the total entered
value of the sales in accordance with 19 CFR 351.212(b)(1).\12\ If a
respondent's weighted-average dumping margin or an importer-specific
assessment rate is zero or de minimis in the final results of review,
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties in accordance with the Final Modification
for Reviews.\13\
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\11\ See 19 CFR 351.212(b).
\12\ In these preliminary 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) (Final Modification for
Reviews).
\13\ Id., 77 FR at 8103; see also 19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by
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
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intermediate company(ies) involved in the transaction.
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
under review and for future deposits of estimated duties, where
applicable.
We intend to issue assessment instructions to CBP no earlier than
35 days after 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 the notice of final
results of this review for all shipments of stainless steel bar from
India 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 rate for the company listed above will be
established in the final results of this review, except if the rate is
less than 0.50 percent and, 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 merchandise exported by companies not covered in this review
but covered in a prior segment of this proceeding, the cash deposit
rate will continue to be the company-specific rate published for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the LTFV investigation but the producer is,
the cash deposit rate will be the rate established for the most
recently completed segment for the producer of the merchandise; (4) the
cash deposit rate for all other producers or exporters will continue to
be the 12.45 percent, the all-others rate established in the LTFV
investigation.\14\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\14\ 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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Notification to Importers
This notice serves as a preliminary 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 period of review. 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
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4).
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-04574 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 7, 2023.
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