Notice2023-24481
Stainless Steel Flanges From India: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission of Review; 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 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that countervailable subsidies are being provided to producers and exporters of stainless steel flanges from India during the period of review, January 1, 2021, through December 31, 2021. Additionally, Commerce is rescinding the review with respect to one company. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 213 (Monday, November 6, 2023)</title>
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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76173-76174]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24481]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-878]
Stainless Steel Flanges From India: Preliminary Results of
Countervailing Duty Administrative Review and Partial Rescission of
Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies are being provided to producers and
exporters of stainless steel flanges from India during the period of
review, January 1, 2021, through December 31, 2021. Additionally,
Commerce is rescinding the review with respect to one company.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT: Eliza DeLong, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3878.
SUPPLEMENTARY INFORMATION:
Background
On October 5, 2018, Commerce published the countervailing duty
order on stainless steel flanges from India.\1\ On December 5, 2022,
Commerce published a notice of initiation of an administrative review
of the Order.\2\ On May 30, 2023, Commerce extended the time period for
issuing these preliminary results by 120 days, in accordance with
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act),
to no later than October 31, 2023.\3\
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\1\ See Stainless Steel Flanges from India: Countervailing Duty
Order, 83 FR 50336 (October 5, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 74404 (December 5, 2022), as corrected
by Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 7060 (February 2, 2023).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated May
30, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary 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 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 Countervailing Duty Administrative Review: Stainless
Steel Flanges from India; 2021,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is stainless steel flanges
from India. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution that gives rise to a benefit to the recipient,
and the subsidy is specific.\5\ For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
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\5\ 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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Company Not Selected for Individual Review
The Act and Commerce's regulations do not directly address the
subsidy rate to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states
that for companies not investigated, in general, we will determine an
all-others rate by weight-averaging the countervailable subsidy rates
established for each of the companies individually investigated,
excluding zero and de minimis rates or any rates based solely on the
facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\6\ We preliminarily determine that Chandan Steel Limited
(Chandan) and Pradeep Metals Limited (Pradeep) received countervailable
subsidies that are above de minimis and are not based entirely on facts
available. Therefore, we preliminarily determine to apply the weighted
average of the net subsidy rates calculated for Chandan and Pradeep
using publicly-ranged sales data submitted by those respondents to the
non-selected company.\7\ The company for which a review was requested,
and which was not selected as a mandatory respondents or found to be
cross-owned with a mandatory respondent, is BFN Forgings Private
Limited.
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\6\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\7\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
memorandum.
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Partial Rescission of Administrative Review
Commerce's practice is to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(1), when the
interested party that requested a review withdraws the request within
90 days of publication of notice of initiation of the requested review.
On March 3, 2023, we received a withdrawal request for Hilton Metal
Forging Limited (Hilton).\8\ Because no other party besides Hilton
requested a review, we are rescinding this review pursuant to 19 CFR
351.213(d)(1) with respect to Hilton. For this company, Commerce
intends to assess duties at rates equal to the cash deposits of
estimated countervailing duties required at the time of entry, or
withdrawn from warehouse, for consumption, during the POR, in
accordance with 19 CFR 351.212(c)(2).
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\8\ See Hilton's Letter, ``AD/CVD Review Request,'' dated March
3, 2023.
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Preliminary Results of Review
For the period January 1, 2021, through December 31, 2021, we
preliminarily find that the following net subsidy rates exist:
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Subsidy
rate
Producer/exporter (percent
ad valorem)
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Chandan Steel Limited...................................... 2.60
Pradeep Metals Limited..................................... 4.04
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Review-Specific Average Rate Applicable to the Following
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BFN Forgings Private Limited............................... 2.82
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Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed for these preliminary results within five days of the date of
publication of these preliminary results in accordance with 19 CFR
351.224(b).\9\
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\9\ See 19 CFR 351.224(b).
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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 five days after the date for filing case
briefs.\10\ 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.\11\ Case and rebuttal briefs should be filed using ACCESS
\12\ and must be served on interested parties. Executive summaries
should be limited to five pages total, including footnotes. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\10\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See generally 19 CFR 351.303.
\13\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023)
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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.\14\
Requests should contain the party's name, address, and telephone
number, the number of participants, 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.\15\ If a request for a
hearing is made, Commerce intends to hold the hearing at a time and
date to be determined. Parties should confirm the date and time of the
hearing two days before the scheduled date. 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.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310.
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Assessment Rates
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, countervailing duties on all
appropriate entries in accordance with the final results of this
review. If the assessment rate calculated in the final results is zero
or de minimis, we will instruct CBP to liquidate all appropriate
entries without regard to countervailing duties. For the company for
which this review is rescinded (i.e., Hilton), Commerce will instruct
CBP to assess countervailing duties on all appropriate entries at a
rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2021, through December 31,
2021, in accordance with 19 CFR 351.212(c)(l)(i).
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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the companies listed above on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, except where the rate calculated
in the final results is zero or de minimis, no cash deposit will be
required. For all non-reviewed firms, we will instruct CBP to continue
to collect cash deposits of estimated countervailing duties at the most
recent company-specific or all-others rate applicable to the company,
as appropriate. These cash deposit instructions, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213.
Dated: October 31, 2023.
Lisa W. Wang,
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. Period of Review
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023-24481 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 6, 2023.
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