Notice2023-17087
Forged Steel Fluid End Blocks From Italy: Final Results of Countervailing Duty Administrative Review; 2020-2021
Primary source
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Published
August 9, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to Lucchini Mame Forge S.p.A (LMA), a producer and exporter of forged steel fluid end blocks (fluid end blocks) from Italy 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 152 (Wednesday, August 9, 2023)</title>
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[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Pages 53863-53864]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17087]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-841]
Forged Steel Fluid End Blocks From Italy: 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 Lucchini Mame Forge S.p.A
(LMA), a producer and exporter of forged steel fluid end blocks (fluid
end blocks) from Italy during the period of review (POR), May 26, 2020,
through December 31, 2021.
DATES: Applicable August 9, 2023.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1395.
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, LMA. From May 8 through May 16, 2023,
we conducted verification of LMA and the Government of Italy's (GOI)
questionnaire responses. On June 9, 2023, we released the verification
reports,\2\ and, on June 12, 2023, we invited parties to comment on the
Preliminary Results.\3\ On June 21, 2023, LMA and the GOI submitted
timely-filed case briefs.\4\ On June 29, 2023, LMA and the petitioners
\5\ submitted timely-filed rebuttal briefs.\6\ On June 5, 2023,
Commerce extended the deadline for issuing the final results until
August 3, 2023.\7\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\8\
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\1\ See Forged Steel Fluid End Blocks from Italy: Preliminary
Results of Countervailing Duty Administrative Review, and Intent To
Rescind Administrative Review in Part; 2020-2021, 88 FR 7944
(February 7, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memoranda, ``Verification of the Questionnaire Responses
of Lucchini Mame Forge S.p.A.,'' dated June 9, 2023, and
``Verification of the Questionnaire Responses of the Government of
Italy,'' dated June 9, 2023.
\3\ See Commerce's Letter, ``Briefing Schedule,'' dated June 12,
2023.
\4\ See LMA's Letter, ``Lucchini's Case Brief,'' dated June 21,
2023; see also GOI's Letter, ``Case Brief for Government of Italy,''
dated June 21, 2023.
\5\ The petitioners are Ellwood City Forge Company, Ellwood
Quality Steels Company, Ellwood National Steel Company, and A. Finkl
& Sons.
\6\ See Petitioners' Letter, ``FEB Fair Trade Coalition's
Administrative Rebuttal Brief,'' dated June 28, 2023.
\7\ See Memorandum, ``Extension of Deadline for Final Results of
the Countervailing Duty Administrative Review 2020,'' dated June 5,
2023.
\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Forged Steel Fluid End Blocks from Italy; 2020-2021,'' concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order \9\
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\9\ 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 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. A
list of these issues is provided in the appendix to this notice. The
Issues and Decision Memorandum
[[Page 53864]]
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and CVD 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 comments received from interested parties and issues
originating from verification, we revised the calculation of the net
countervailable subsidy rates for LMA. 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 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.\10\ For a full description of the methodology underlying all
of Commerce's conclusions, including our reliance, in part, on facts
otherwise available, including adverse facts available (AFA), pursuant
to sections 776(a) and (b) of the Act, see the Issues and Decision
Memorandum.
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\10\ 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 the Administrative Review
We determine the net countervailable subsidy rates for the period
May 26, 2020, through December 31, 2021, to be as follows:
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Subsidy rate Subsidy rate
Producer/Exporter (percent ad percent ad
valorem) 2020 valorem) 2021
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Lucchini Mame Forge S.p.A \11\.. 11.40 percent..... 11.49 percent.
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\11\ Commerce has found the following companies to be cross-owned with
LMA: Lucchini RS S.p.A., Lucchini Industries S.r.l., Bicomet S.p.A.,
and Setrans S.r.l.
Disclosure
We intend to disclose calculations and analysis performed for these
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).
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties at the applicable
ad valorem rates on all appropriate entries covered by this review.
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).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, we also intend to
instruct 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, CBP will 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.
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: August 3, 2023.
Abdelali Elouaradia,
Deputy 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
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Whether Commerce Should Apply Adverse Facts Available
to the Duty Refunds Pursuant to Law No. 639/1964 Program
Comment 2: Whether Commerce Should Find Certain Programs to be
De Facto Specific
VIII. Recommendation
[FR Doc. 2023-17087 Filed 8-8-23; 8:45 am]
BILLING CODE 3510-DS-P
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