Finished Carbon Steel Flanges From India: Final Results of Antidumping Duty Administrative Review; 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.
Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) determines that Norma (India) Limited, USK Exports Private Limited, Uma Shanker Khandelwal & Co., and Bansidhar Chiranjilal (collectively, the Norma Group), and R.N. Gupta & Co. Ltd. (RNG), and made sales of subject merchandise below normal value. The period of review (POR) is August 1, 2021, through July 31, 2022.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 245 (Friday, December 22, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88582-88584]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28265]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-871]
Finished Carbon Steel Flanges From India: Final Results of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Norma (India) Limited, USK Exports Private Limited, Uma Shanker
Khandelwal & Co., and Bansidhar Chiranjilal (collectively, the Norma
Group), and R.N. Gupta & Co. Ltd. (RNG), and made sales of subject
merchandise below normal value. The period of review (POR) is August 1,
2021, through July 31, 2022.
[[Page 88583]]
DATES: Applicable December 22, 2023.
FOR FURTHER INFORMATION CONTACT: Fred Baker, Preston Cox, or Theodora
Mattei, AD/CVD 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, (202) 482-5041, or (202) 482-4834, 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 7, 2023, Commerce published in the Federal
Register the preliminary results of the 2021-2022 administrative review
of the Order.\2\ We invited interested parties to comment on the
Preliminary Results; however, no interested party submitted comments.
Accordingly, the final results remain unchanged from the Preliminary
Results, and there is no decision memorandum accompanying this notice.
Commerce conducted this administrative review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\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; 2021-2022, 88 FR
61520 (September 7, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
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
Preliminary 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 Norma group and RNG 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 Norma group and RNG
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 the appendix to this notice, a
margin of 1.00 percent, which is the weighted average of Norma group's
and RNG's margins based on publicly ranged data.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Antidumping Duty Order on Finished Carbon
Steel Flanges from India; Administrative Review; 2021-2022:
Preliminary Results Calculation of Margin for Respondents Not
Selected for Individual Examination,'' dated August 31, 2023.
---------------------------------------------------------------------------
Final Results of Review
As noted above, the final results of this administrative review
remain unchanged from the Preliminary Results. Thus, Commerce
determines that the following weighted-average dumping margins exist
for the period August 1, 2021, through July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Norma (India) Limited/USK Exports Private Limited/Uma 0.70
Shanker Khandelwal & Co./Bansidhar Chiranjilal.............
R.N. Gupta & Co. Ltd........................................ 1.15
Non-Selected Companies...................................... 1.00
------------------------------------------------------------------------
Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with the final results of review
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of final results in the Federal Register, in accordance with 19 CFR
351.224(b). However, Commerce received no comments on the Preliminary
Results, and we have made no adjustments to the margin calculation
methodology used in the Preliminary Results. Consequently, there are no
calculations to disclose for these final results of the administrative
review.
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. For Norma group and RNG, 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 Norma group and RNG 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.\4\ For the companies
identified in the appendix to this notice that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rates established in these final results of the review.
---------------------------------------------------------------------------
\4\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 zero margin established in the final results of this
administrative review; (2) for
[[Page 88584]]
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 20.33 percent, the all-others rate established in the
less-than-fair-value investigation.\5\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\5\ See Order, 81 FR at 64434.
---------------------------------------------------------------------------
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
The final results of this 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: December 18, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
Non-Selected Respondent Companies
1. Adinath International
2. Allena Group.
3. Alloyed Steel.
4. Balkrishna Steel Forge Pvt. Ltd.
5. Bansidhar Chiranjilal.
6. Bebitz Flanges Works Private Limited.
7. BFN Forgings Private Limited.
8. C.D. Industries.
9. Cetus Engineering Private Limited.
10. CHW Forge.
11. CHW Forge Pvt. Ltd.
12. Citizen Metal Depot.
13. Corum Flange.
14. DN Forge Industries.
15. Echjay Forgings Limited.
16. Falcon Valves and Flanges Private Limited.
17. Heubach International.
18. Hindon Forge Pvt. Ltd.
19. Jai Auto Private Limited.
20. Kinnari Steel Corporation.
21. M F Rings and Bearing Races Ltd.
22. Mascot Metal Manufactures
23. Munish Forge Private Limited.
24. Norma (India) Limited.
25. OM Exports.
26. Punjab Steel Works (PSW).
27. R. D. Forge.
28. R. N. Gupta & Company Limited.
29. Raaj Sagar Steel.
30. Ravi Ratan Metal Industries.
31. Rolex Fittings India Pvt. Ltd.
32. Rollwell Forge Engineering Components and Flanges.
33. Rollwell Forge Pvt. Ltd.
34. SHM (ShinHeung Machinery).
35. Siddhagiri Metal & Tubes.
36. Sizer India.
37. Steel Shape India.
38. Sudhir Forgings Pvt. Ltd.
39. Tirupati Forge
40. Uma Shanker Khandelwal & Co.
41. Umashanker Khandelwal Forging Limited.
42. USK Exports Private Limited.
[FR Doc. 2023-28265 Filed 12-21-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.