Notice2023-24496
Stainless Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission; 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
November 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that producers/exporters of stainless steel flanges (flanges) from India did not make sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) October 1, 2021, through September 30, 2022. In addition, we are rescinding this review for one company. We invite interested parties 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 76176-76178]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24496]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-877]
Stainless Steel Flanges From India: Preliminary Results of
Antidumping Duty Administrative Review and Partial Rescission; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that producers/exporters of stainless steel flanges (flanges) from
India did not make sales of subject merchandise in the United States at
prices below normal value (NV) during the period of review (POR)
October 1, 2021, through September 30, 2022. In addition, we are
rescinding this review for one company. We invite interested parties to
comment on these preliminary results.
DATES: Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Seth Brown, AD/
CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4725 or (202) 482-0029,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2018, Commerce published in the Federal Register an
antidumping duty order on flanges from India.\1\ On December 5, 2022,
based on timely requests for review, Commerce initiated an
administrative review of the Order covering 15 companies, in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\2\
On June 6, 2023, we extended the deadline for the preliminary results
of this administrative review until October 31, 2023.\3\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\4\
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\1\ See Stainless Steel Flanges from India: Antidumping Duty
Order, 83 FR 50639 (October 9, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 74404 (December 5, 2022); and
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 7060 (February 2, 2023) (collectively, Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
June 6, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Stainless
Steel Flanges from India; 2021-2022,'' 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 full description of the scope of the Order, see the
Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation. On March 2, 2023, we received
a timely withdrawal request from R.N. Gupta & Company Limited.\5\
Because no other party requested a review of this company, Commerce is
rescinding this review with respect to R.N. Gupta & Company Limited, in
accordance with 19 CFR 351.213(d)(1).
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\5\ See R.N. Gupta's Letter, ``Withdrawal of Anti-dumping Duty
Administrative Review,'' dated March 2, 2023.
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Methodology
Commerce is conducting this review in accordance with sections
751(a) of the Act. We calculated export price and constructed export
price in accordance with section 772 of the Act. We calculated NV in
accordance with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics included in the Preliminary Decision Memorandum is included as
Appendix I 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>.
[[Page 76177]]
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margins exist for the period October 1, 2021, through September 30,
2022:
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\6\ See Appendix II for the list of exporters and/or producers
not selected for individual review.
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Chandan Steel Limited................................... 0.00
Kisaan Die Tech Private Limited......................... 0.00
Companies Not Selected for Individual Review \6\........ 0.00
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Review-Specific Rate for Companies Not Selected for Individual Review
The Act and Commerce's regulations do not address the 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 less-than-fair value (LTFV) 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.
Where the dumping margins for individually examined respondents are
zero, de minimis, or determined 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 . . . .'' In this
review, Commerce preliminarily calculated weighted-average dumping
margins for Chandan Steel Limited (Chandan) and Kisaan Die Tech Private
Limited (KDT) of zero percent. Therefore, we are preliminarily
assigning a rate of zero percent to the companies not selected for
individual examination, in accordance with section 735(c)(5)(B) of the
Act.
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. Pursuant to 19 CFR
351.212(b)(1), because the individually-examined respondents reported
the entered value for their U.S. sales, we will calculate importer-
specific ad valorem antidumping duty assessment rates based on the
ratio of the total amount of antidumping duties calculated for the
examined sales to the total entered value of those same sales. If
either respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c), or an importer-
specific rate is zero or de minimis, we will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Chandan and KDT for
which these companies did not know that the merchandise they sold to an
intermediary (e.g., a reseller, trading company, or exporter) was
destined for the United States. We will instruct CBP to liquidate those
entries at the all-others rate (i.e., 7.00 percent) \7\ if there is no
rate for the intermediate company(ies) involved in the transaction.\8\
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\7\ See Stainless Steel Flanges from India: Notice of Court
Decision Not in Harmony with the Final Determination of Antidumping
Investigation; Notice of Amended Final Determination, 86 FR 50325
(September 8, 2021) (Amended Final Determination).
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the review-specific
average rate, calculated as noted in the ``Preliminary Results of
Review'' section, above. The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by this review and for future deposits of estimated
duties, where applicable.\9\
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\9\ See section 751(a)(2)(C) of the Act.
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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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
de minimis (i.e., less than 0.50 percent), in which case the cash
deposit rate will be zero; (2) for previously reviewed or investigated
companies not covered by this review, the cash deposit rate will
continue to be the company-specific rate published for the most
recently-completed segment of this proceeding in which they were
examined; (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 of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 7.00 percent, the all-others rate
established in the Amended Final Determination.\10\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ See Amended Final Determination, 86 FR at 50326.
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Disclosure and Public Comment
We intend to disclose the calculations performed in connection with
these preliminary results to interested parties within five days after
the date of publication of this notice in the Federal Register.\11\
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 seven days after the date for filing case
briefs.\12\ 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.\13\ Case and rebuttal briefs should be filed using
ACCESS.\14\ Note that Commerce has amended
[[Page 76178]]
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\15\
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\11\ See 19 CFR 351.224(b).
\12\ Commerce is exercising its discretion, under 19 CFR
351.309(d), to alter the time limit for the filing of rebuttal
briefs.
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See generally 19 CFR 351.303.
\15\ 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.\16\
Hearing requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants: and (3) a list of the
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the case and rebuttal briefs.\17\ 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. If a request for a hearing
is made, parties will be notified of the time and date for the
hearing.\18\
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310.
\18\ See 19 CFR 351.310(d).
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Unless otherwise extended, 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 this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of doubled antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Balkrishna Steel Forge Pvt. Ltd.
2. BFN Forgings Private Limited; Bebitz Flanges Works Private
Limited; Fanschen werk Bebitz GmbH; Viraj Alloys, Ltd.; Viraj
Forgings, Ltd.; Viraj Impoexpo, Ltd.; and Viraj Profiles Limited
\19\
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\19\ Commerce has previously found BFN Forgings Private Limited
to be part of a collapsed entity. See, e.g., Stainless Steel Flanges
from India: Final Affirmative Determination of Sales at Less Than
Fair Value and Final Affirmative Critical Circumstance
Determination, 83 FR 40745 (August 16, 2018). The companies which
are part of this collapsed entity are listed above.
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3. Echjay Forgings Private Limited
4. Fivebros Forging Pvt Ltd.\20\
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\20\ We incorrectly listed this company as ``Fivebros Pvt Ltd.''
in the Initiation Notice. See Initiation Notice, 87 FR at 74406.
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5. Goodluck India Limited
6. Hilton Metal Forging Limited
7. Jai Auto Pvt. Ltd.
8. Jay Jagdamba Forgings Pvt Ltd
9. Jay Jagdamba Ltd
10. Jay Jagdamba Profile Pvt Ltd
11. Pradeep Metals Limited
12. Shree Jay Jagdamba Flanges Pvt. Ltd.
[FR Doc. 2023-24496 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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