Notice2023-15948
Forged Steel Fluid End Blocks From India: Final Results of Countervailing 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
July 27, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to Bharat Forge Limited (Bharat Forge), a producer and exporter of forged steel fluid end blocks (fluid end blocks) from India during the period of review (POR), May 26, 2020, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 143 (Thursday, July 27, 2023)</title>
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[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48437-48438]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15948]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-894]
Forged Steel Fluid End Blocks From India: Final Results of
Countervailing 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
countervailable subsidies were provided to Bharat Forge Limited (Bharat
Forge), a producer and exporter of forged steel fluid end blocks (fluid
end blocks) from India during the period of review (POR), May 26, 2020,
through December 31, 2021.
DATES: Applicable July 27, 2023.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, 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) 482-1395
SUPPLEMENTARY INFORMATION:
Background
On February 7, 2023, Commerce published the preliminary results of
this administrative review in the Federal Register.\1\ This review
covers one mandatory respondent, Bharat Forge. From April 3 through
April 7, 2023, we conducted an onsite verification of Bharat Forge's
questionnaire responses. On April 25, 2023, we released the
verification report and invited interested parties to comment on the
Preliminary Results.\2\ Between May 8 and 12, 2023, Bharat Forge, the
Government of India (GOI), and the petitioners \3\ submitted timely-
filed case briefs.\4\ On May 19, Bharat Forge and the petitioners each
submitted timely-filed rebuttal briefs.\5\ On June 5, 2023, Commerce
extended the deadline for the final results of this administrative
review to July 20, 2023.\6\ For a complete description of the events
that occurred subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\7\
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\1\ See Forged Steel Fluid End Blocks from India: Preliminary
Results of Countervailing Duty Administrative Review; 2020-2021, 88
FR 7943 (March 3, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Verification of the Questionnaire
Responses of Bharat Forge Limited,'' dated April 25, 2023; see also
Memorandum, ``Briefing Schedule,'' dated May 1, 2023.
\3\ The petitioners are Ellwood City Forge Company, Ellwood
Quality Steels Company, Ellwood National Steel Company, and A. Finkl
& Sons.
\4\ See Bharat Forge's Letter, ``Case brief,'' dated May 12,
2023; GOI's Letter, ``Case Brief,'' dated May 8, 2022; and
Petitioners' Letter, ``Case Brief,'' dated May 12, 2023.
\5\ See Bharat Forge's Letter, ``Rebuttal Brief,'' dated May 19,
2023; and Petitioners' Letter, ``Rebuttal Brief,'' dated May 19,
2023.
\6\ See Memorandum, ``Extension of Deadline,'' dated June 5,
2023.
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Forged Steel Fluid End Blocks 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>8</SUP>
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\8\ See Forged Steel Fluid End Blocks from the People's Republic
of China, the Federal Republic of Germany, India, and Italy:
Countervailing Duty Orders, and Amended Final Affirmative
Countervailing Duty Determination for the People's Republic of
China, 86 FR 7535 (January 29, 2021) (Order).
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The products covered by the scope of the Order are fluid end
blocks. A full description of the scope of the Order is contained in
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum and
are listed in the appendix 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 our analysis of comments from interested parties and the
evidence on the record, we revised the
[[Page 48438]]
calculation of the net countervailable subsidy rates for Bharat Forge.
For a discussion of the issues, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative 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 to be countervailable, we find
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\9\ For a complete description of the
methodology underlying all of Commerce's conclusions, including our
reliance, in part, on facts otherwise available, including adverse
facts available, pursuant to sections 776(a) and (b) of the Act, see
the Issues and Decision Memorandum.
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\9\ 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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Final Results of Administrative Review
We determine that the net countervailable subsidy rate for the
period May 26, 2020, through December 31, 2021, to be as follows:
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Subsidy rate Subsidy rate
Company (percent ad (percent ad
valorem) 2020 valorem) 2021
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Bharat Forge.......................... 2.78 3.95
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Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct U.S. Customs and Border Protection (CBP) to collect
cash deposits of estimated countervailing duties in the amounts shown
above for the above-listed companies with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of these final results
of review. For all non-reviewed firms, we will instruct CBP to continue
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the
company, as appropriate. These cash deposit requirements, effective
upon publication of these final results, shall remain in effect until
further notice.
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after 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).
Disclosure
Commerce intends to disclose calculations and analysis performed
for the final results of review within five days after the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
The final results 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: July 20, 2023.
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. Subsidies Valuation Information
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether the Duty Drawback (DDB) Scheme Is
Countervailable
Comment 2: Whether Commerce Should Revise Its DDB Benefit
Calculation
Comment 3: Whether the Remission of Duties and Taxes on Export
Products (RODTEP) Program Is Countervailable
Comment 4: Whether Bharat Forge's Export Promotion of Capital
Goods Scheme (EPCGS) Information Submitted to Commerce Is Complete
and Accurate
Comment 5: Whether Bharat Forge Benefitted from the Interest
Equalization Scheme (IES) during the POR
VIII. Recommendation
[FR Doc. 2023-15948 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P
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