Notice2024-02139
Forged Steel Fluid End Blocks From India: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Administrative Review, in Part; 2022
Primary source
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Published
February 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to Bharat Forge Limited, the sole producer and exporter of forged steel fluid end blocks (fluid end blocks) from India subject to this administrative review, during the period of review (POR) January 1, 2022, through December 31, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 23 (Friday, February 2, 2024)</title>
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[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7373-7375]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02139]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-894]
Forged Steel Fluid End Blocks From India: Preliminary Results of
Countervailing Duty Administrative Review and Rescission of
Administrative Review, in Part; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to Bharat Forge
Limited, the sole producer and exporter of forged steel fluid end
blocks (fluid end blocks) from India subject to this administrative
review, during the period of review (POR) January 1, 2022, through
December 31, 2022. We invite interested parties to comment on these
preliminary results.
DATES: Applicable February 2, 2024.
FOR FURTHER INFORMATION CONTACT: Suresh Maniam, 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) 482-1603.
SUPPLEMENTARY INFORMATION:
Background
On January 29, 2021, Commerce published in the Federal Register the
countervailing duty order on fluid end blocks from India.\1\ On January
3, 2023, we published in the Federal Register a notice of opportunity
to request an administrative review of the Order.\2\ On March 14, 2023,
based on timely requests for an administrative review, Commerce
published in the Federal Register the notice of initiation of an
administrative review of the Order.\3\ On May 5, 2023, Commerce
selected Bharat Forge, Limited as the sole mandatory respondent in this
review.\4\ On September 19, 2023, Commerce extended the deadline for
the preliminary results of this review until January 31, 2024.\5\
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\1\ See Forged Steel Fluid End Blocks from India: Countervailing
Duty Order, 86 FR 7535 (January 29, 2021) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 45 (January 3,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642 (March 14, 2023).
\4\ See Memorandum, ``Respondent Selection Memorandum,'' dated
May 5, 2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated September 19, 2023.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\6\ A list of topics discussed in the Preliminary Decision
Memorandum is included in the 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
[[Page 7374]]
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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review and
Rescission of Review in Part: Forged Steel Fluid End Blocks from
India; 2022,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order is fluid end blocks from India.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this countervailing duty administrative
review in accordance with section 751(a)(1) of the Tariff Act of 1930,
as amended (the Act). For each subsidy program found countervailable,
Commerce preliminarily determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\7\ For a full
description of the methodology underlying our conclusions, including
our reliance, in part, on facts otherwise available pursuant to
sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
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\7\ 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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Rescission of Administrative Review, in Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
data, we determine that the following companies had no entries of
subject merchandise during the POR: (1) Bharat Forge Limited, India;
(2) Echjay Industries Pvt. Ltd.; (3) Jaypee Forge Pvt. Ltd.; (4) MM
Forgings Ltd. (a.k.a., M M Forgings Ltd.); (5) Mars Forge Pvt. Ltd.;
(6) Pradeep Metals Ltd.; (7) Ramkrishna Forgings Ltd.; (8) Rolex Rings
Ltd.; (9) Sunrise Exports International; (10) Western Heat and Forge
Pvt. Ltd.; and (11) Western India Forgings Pvt. Ltd. On June 29, 2023,
we notified parties of our intent to rescind the administrative review
with respect to these 11 companies because there are no reviewable
suspended entries.\8\ No parties commented on the notification of
intent to rescind the review, in part. Pursuant to 19 CFR
351.213(d)(3), we are rescinding the administrative review of these 11
companies. For additional information regarding this determination, see
the Preliminary Decision Memorandum.
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\8\ See Memorandum, ``Intent to Rescind Review, in Part,'' dated
June 29, 2023 (Intent to Rescind Memo).
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Preliminary Results of Review
We preliminary find that the net countervailable subsidy rate
exists for the period January 1, 2022, through December 31, 2022:
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Subsidy rate
Company (percent ad
valorem)
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Bharat Forge Limited \9\............................... 3.76
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Disclosure and Public Comment
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\9\ Commerce preliminarily finds the following companies to be
cross-owned with Bharat Forge, Limited: Bharat Forge Utilities
Limited and Saarloha Advanced Materials Private Limited.
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We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\10\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs to Commerce no later than 30
days after the date of publication of these preliminary results of
review.\13\ 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.\11\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\12\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\12\ See 19 351.309(c)(2) and (d)(2).
\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\13\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\14\
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\14\ See APO and Final Service Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. eastern time
within 30 days after the date of publication of this notice.
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily determined subsidy rates in the
amounts shown above for the producer/exporters shown above. Upon
issuance of the final results of the administrative review, consistent
with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For the companies for which this review is rescinded with these
preliminary results, we 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, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(l)(i). For the companies remaining in the review, we intend
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
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statutory injunction has expired (i.e., within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct CBP to
collect cash deposits of the estimated countervailing duties in the
amounts calculated in the final results of this review for the
respective companies listed above with regard to shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. If
the rate calculated in the final results is zero or de minimis, no cash
deposit will be required on shipments of the subject merchandise
entered or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this 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, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results of review are issued and published 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: January 26, 2024.
Abdelali Elouaradia,
Deputy 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. Rescission of Administrative Review, in Part
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-02139 Filed 2-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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