Notice2023-05149
Finished Carbon Steel Flanges 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
March 14, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) August 1, 2020, through July 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 49 (Tuesday, March 14, 2023)</title>
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[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15668-15671]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05149]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-871]
Finished Carbon Steel Flanges 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
producers and/or exporters subject to this administrative review made
sales of subject merchandise at less than normal value (NV) during the
period of review (POR) August 1, 2020, through July 31, 2021.
DATES: Applicable March 14, 2023.
FOR FURTHER INFORMATION CONTACT: Fred Baker or Preston Cox, AD/CVD
[[Page 15669]]
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2924 or (202) 482-5041,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 24, 2017, Commerce published in the Federal Register the
antidumping duty (AD) order on finished carbon steel flanges from
India.\1\ On September 8, 2022, Commerce published the Preliminary
Results of this administrative review in the Federal Register.\2\ We
invited interested parties to comment on the Preliminary Results.\3\
Between October 11 and 18, 2022, interested parties submitted case and
rebuttal briefs.\4\ On December 21, 2022, we extended the deadline for
these final results until March 7, 2022.\5\ This administrative review
covers 41 producers and/or exporters of the subject merchandise.\6\
Commerce selected R.N. Gupta & Co. Ltd. (RNG) and Norma Group \7\ for
individual examination. The producers/exporters not selected for
individual examination are referenced in the ``Final Results of
Administrative Review'' section below and listed in Appendix II of this
notice. For a complete description of the events that followed the
Preliminary Results, see the Issues and Decision Memorandum.\8\
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
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\1\ See Finished Carbon Steel Flanges from India and Italy:
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order).
\2\ See Finished Carbon Steel Flanges from India: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021, 87 FR
54957 (September 8, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\3\ See Preliminary Results, 87 FR at 54958.
\4\ See Weldbend Corporation's Letter, ``Petitioner's Case
Brief,'' dated October 11, 2022; R.N. Gupta & Co. Ltd.'s Letter,
``Rebuttal Brief of R.N. Gupta & Company Limited,'' dated October
18, 2022; and Norma (India) Limited's Letter, ``Rebuttal Brief of
Norma (India) Limited and its Affiliates,'' dated October 18, 2022.
\5\ See Memorandum, ``Extension of Deadline for Final Results,''
dated December 21, 2022.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021). Commerce
initiated on ``Uma Shanker Khandelwal & Co.'' and ``UmaShanker
Khandelwal and Co.'' based on the requests for administrative review
that Commerce received from interested parties. Because of the minor
differences in the spelling of these company names, we combined them
under the name Uma Shanker Khandelwal & Co.
\7\ Commerce continues to treat Norma (India) Limited, USK
Exports Private Limited, Uma Shanker Khandelwal & Co., and Bansidhar
Chiranjilal (collectively, Norma Group) as a collapsed single entity
for the final results of this administrative review. See Preliminary
Results PDM at 1; see also Finished Carbon Steel Flanges from India:
Final Results of Antidumping Duty Administrative Review; 2019-2020,
87 FR 13701 (March 10, 2022).
\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the antidumping Duty
Order on Finished Carbon Steel Flanges 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
The merchandise covered by the Order is finished carbon steel
flanges. For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this review are discussed in the Issues and
Decision Memorandum. A list of the issues which parties raised, and to
which we responded in the Issues and Decision Memorandum, is attached
as Appendix I to this notice. The Issues and 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 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 a review of the record and our analysis of the comments
received, Commerce made certain changes to the Preliminary Results. For
detailed information, see the Issues and Decision Memorandum.
Rate for Non-Selected Respondents
The Act and Commerce's regulations do not address the establishment
of a 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 market economy 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{time} .''
In this administrative review, we preliminarily calculated
weighted-average dumping margins for RNG and Norma Group that are not
zero, de minimis (i.e., less than 0.5 percent), or determined entirely
on the basis of facts available. For these final results, we continue
to calculate weighted-average dumping margins for RNG and Norma Group
that are not zero, de minimis, or determined entirely on the basis of
facts available. Accordingly, Commerce is assigning to the companies
not individually examined, listed in Appendix II, a margin of 0.84
percent, which is the weighted average of RNG's margin and Norma
Group's margin based on publicly ranged data.\9\
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\9\ See Memorandum, ``Calculation of Margin for Respondents Not
Selected for Individual Examination,'' dated concurrently with this
notice.
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Final Results of Administrative Review
For these final results, we determine that the following weighted-
average dumping margins exist for the period August 1, 2020, through
July 31, 2021:
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\10\ See Appendix II for a list of companies not selected for
individual examination.
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Weighted-
average
Producer/exporter dumping margin
(percent)
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R.N. Gupta & Co. Ltd.................................... 0.73
Norma (India) Limited/USK Export Private Limited/Uma 1.00
Shanker Khandelwal & Co./Bansidhar Chiranjilal.........
Non-Selected Companies \10\............................. 0.84
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[[Page 15670]]
Disclosure
Commerce intends to disclose the calculations performed for these
final results to parties in this proceeding within five days of the
date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine and CBP shall assess
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. For RNG and Norma
Group, 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). Where an importer-specific assessment rate
is zero or de minimis, the entries by that importer will be liquidated
without regard to antidumping duties. For entries of subject
merchandise during the POR produced by RNG or Norma Group for which the
producer did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate in the less-than-fair-value investigation if there is
no rate for the intermediate company(ies) involved in the
transaction.\11\ For the companies identified in Appendix II that were
not selected for individual examination, we will instruct CBP to
liquidate entries at the rates established in these final results of
review.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 upon
publication in the Federal Register of these final results of
administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication date, as provided by section 751(a)(2)(C) of the Act: (1)
the cash deposit rate for companies subject to this review will be
equal to the company-specific weighted-average dumping margin
established in the final results of this administrative review; (2) for
merchandise exported by a company not covered in this review but
covered in a prior 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 less-than-
fair-value investigation, but the producer is, then the cash deposit
rate will be the rate established in the most recently completed
segment of the proceeding for the producer of the merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 8.91 percent, the all-others rate established in the
less-than-fair-value investigation.\12\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\12\ See Order, 82 FR at 40138.
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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 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.
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
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: March 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes since the Preliminary Results
V. Discussion of the Issues
Comment 1: Constructed Value Profit and Indirect Selling
Expenses
Comment 2: Norma Group's Interest Expenses
Comment 3: Operating Expenses Related to RNG's Affiliates
Comment 4: Calculation of RNG's Interest Expense Ratio
VI. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Adinath International
2. Allena Group
3. Alloyed Steel
4. Balkrishna Steel Forge Pvt. Ltd.
5. Bebitz Flanges Works Private Limited \13\
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\13\ See Finished Carbon Steel Flanges from India: Notice of
Initiation and Preliminary Results of Changed Circumstances Review,
87 FR 34251 (June 6, 2022), and accompanying Preliminary Decision
Memorandum at 4, unchanged in Finished Carbon Steel Flanges from
India: Final Results of Changed Circumstances Review, 87 FR 44337
(July 26, 2022). On July 26, 2022, Commerce published the final
results of an antidumping duty changed circumstances review of
Finished Carbon Steel Flanges from India. Commerce found that BFN
Forgings Private Limited (BFN) is the successor-in-interest to
Bebitz Flanges Works Private Limited (Bebitz). Effective August 14,
2020, Bebitz changed its name to BFN, which is during the POR. Cash
deposits of estimated antidumping duties required pursuant to the
final results of this review will be applied to BFN. Commerce
intends to instruct CBP to liquidate entries made during the POR by
Bebitz, and entries made after August 14, 2020, by BFN, at the rates
established in these final results of review.
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6. C. D. Industries
7. Cetus Engineering Private Limited
8. CHW Forge
9. CHW Forge Pvt. Ltd.
10. Citizen Metal Depot
11. Corum Flange
12. DN Forge Industries
13. Echjay Forgings Limited
14. Falcon Valves and Flanges Private Limited
15. Heubach International
16. Hindon Forge Pvt. Ltd.
17. Jai Auto Pvt. Ltd.
18. Kinnari Steel Corporation
19. Mascot Metal Manufacturers
20. M F Rings and Bearing Races Ltd.
21. Munish Forge Private Limited
22. OM Exports
23. Punjab Steel Works
24. Raaj Sagar Steels
25. Ravi Ratan Metal Industries
26. R. D. Forge
27. Rolex Fittings India Pvt. Ltd.
28. Rollwell Forge Engineering Components
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and Flanges
29. Rollwell Forge Pvt. Ltd.
30. SHM (ShinHeung Machinery)
31. Siddhagiri Metal & Tubes
32. Sizer India
33. Steel Shape India
34. Sudhir Forgings Pvt. Ltd.
35. Tirupati Forge Pvt. Ltd.
36. Umashanker Khandelwal Forging Limited
[FR Doc. 2023-05149 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 14, 2023.
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