Notice2024-02391
Forged Steel Fluid End Blocks From Italy: Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review; 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
February 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) January 1, 2022, through December 31, 2022. We are rescinding this administrative review, in part, with respect to 20 companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 25 (Tuesday, February 6, 2024)</title>
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[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Pages 8157-8159]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02391]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-840]
Forged Steel Fluid End Blocks From Italy: Preliminary Results and
Rescission in Part of Antidumping Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers/exporters subject to this administrative review
made sales of subject merchandise at less than normal value (NV) during
the period of review (POR) January 1, 2022, through December 31, 2022.
We are rescinding this administrative review, in part, with respect to
20 companies. We invite interested parties to comment on these
preliminary results.
DATES: Applicable February 6, 2024.
FOR FURTHER INFORMATION CONTACT: Allison Hollander or Claudia Cott, 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) 482-2805 or (202)
482-4270, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 29, 2021, Commerce published in the Federal Register the
antidumping duty order on forged steel fluid end blocks (fluid end
blocks) from Italy.\1\ On March 14, 2023, Commerce published in the
Federal Register the notice of initiation of the administrative review
of the Order.\2\ On May 19, 2023, Commerce selected Lucchini
Mam[eacute] Forge S.p.A.\3\ and Cogne Acciai Speciali S.p.A. for
individual examination as mandatory respondents in this administrative
review.\4\ On September 6, 2023, Commerce extended the time limit for
these preliminary results to January 31, 2024.\5\ For a complete
description of the events that occurred since the initiation of the
administrative review, see the Preliminary Decision Memorandum.\6\
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\1\ See Forged Steel Fluid End Blocks from the Federal Republic
of Germany and Italy: Amended Final Antidumping Duty Determination
for the Federal Republic of Germany and Antidumping Duty Orders, 86
FR 7528 (January 29, 2021) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642 (March 14, 2023).
\3\ We preliminarily find that Lucchini Mam[eacute] Forge S.p.A.
(LMA) is affiliated with Lucchini Industries S.r.l. (LIND) and
Lucchini RS S.p.A. (LRS) (LMA, LIND, and LRS are collectively
referred to as Lucchini).
\4\ See Memorandum, ``Respondent Selection,'' dated May 19,
2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2022,'' dated
September 6, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Forged Steel Fluid End Blocks from Italy; 2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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A list of the topics discussed in the Preliminary Decision
Memorandum is attached as the Appendix I of 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
[[Page 8158]]
directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Scope of the Order
The merchandise subject to the Order are fluid end blocks from
Italy. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we preliminarily determine that 20 companies had no
entries of subject merchandise during the POR. On January 9, 2024, we
notified parties of our intent to rescind this administrative review
with respect to the 20 companies that have no reviewable suspended
entries.\7\ No parties commented on our intent to rescind the review,
in part. Therefore, we are rescinding the administrative review for the
20 companies listed in Appendix II of this notice.
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\7\ See Memorandum, ``Intent to Rescind Review, in Part,'' dated
January 9, 2024.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
export prices and NV in accordance with sections 772 and 773 of the
Act, respectively. For a full description of the methodology underlying
our conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Examined Companies
The statute 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 an
investigation of sales at less than fair value (LTFV), for guidance
when calculating the weighted-average dumping margin 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} .'' We preliminarily calculated a dumping margin for
Lucchini that is not zero, de minimis, or determined entirely on the
basis of facts available. Accordingly, we preliminarily assigned a
margin of 1.41 percent based on Lucchini's calculated weighted-average
dumping margin to the sole non-selected respondent, Officine Meccaniche
Roselli S.r.l.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period January 1, 2022,
through December 31, 2022:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Lucchini Mam[eacute] Forge S.p.A.; Lucchini Industries 1.41
S.r.l.; Lucchini RS S.p.A..................................
Cogne Acciai Speciali S.p.A................................. 0.00
Officine Meccaniche Roselli S.r.l........................... 1.41
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Disclosure and Public Comment
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.\8\ Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may submit case briefs to
Commerce 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.\9\ Interested parties who submit case briefs or rebuttal briefs
in this administrative review must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\10\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(d)(1); 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).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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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.\11\ 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.
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\11\ 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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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 case and rebuttal briefs.
All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\12\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. 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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\12\ See 19 CFR 351.303.
\13\ See APO and Final Service Rule.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results of this administrative review,
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine
and U.S. Customs and Border Protection (CBP) shall assess antidumping
duties on all appropriate entries of subject merchandise covered by
this review.\14\
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\14\ See 19 CFR 351.212(b)(1).
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If an examined respondent's weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent) in the final results
of this review, we intend to calculate an
[[Page 8159]]
importer-specific assessment rate for antidumping duties based on the
ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1). For the companies identified
above that were not selected for individual examination, we will
instruct CBP to assess antidumping duties at a rate equal to the
weighted-average dumping margin established in the final results of
review. If the respondent's weighted-average dumping margin or an
importer-specific assessment rate is zero or de minimis in the final
results of this review, we intend to instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by
either of the individually examined respondents for which they did not
know that the merchandise was destined for the United States, we will
instruct CBP to liquidate these entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\15\
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\15\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess antidumping duties
on all appropriate entries at a rate equal to the cash deposit of
estimated antidumping 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). 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.
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.\16\
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\16\ See section 751(a)(2)(C) of the Act.
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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 that established in the final results of this
review, except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously investigated or
reviewed companies not covered in this review, the cash deposit rate
will continue to be the company-specific cash deposit rate published
for the most recently completed segment of this proceeding in which the
company participated; (3) if the exporter is not a firm covered in this
review, a prior review, or the investigation of sales at LTFV, but the
producer is, then 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 7.33 percent, the all-
others rate established in the LTFV investigation.\17\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\17\ See Order, 86 FR at 7530.
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Notification to Importers
This notice serves as a preliminary 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 double 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 preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: January 31, 2024.
Abdelali Elouaradia,
Deputy 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. Rescission of Administrative Review, in Part
V. Rate for Non-Selected Respondent
VI. Affiliation and Collapsing
VII. Discussion of the Methodology
VIII. Recommendation
Appendix II
Companies Rescinded From This Administrative Review
1. Acciaierie Bertoli Safau S.p.A.
2. ASFO S.p.A.
3. Ellena S.p.A.
4. Fomas S.p.A.
5. Forge Monchieri S.p.A.
6. Forgiatura Morandini S.r.l.
7. Forgital Italy S.p.A.
8. Galperti Group
9. IMER International S.p.A.
10. I.M.E.S. S.p.A.
11. Industria Meccanica e Stampaggio S.p.A.
12. Mimest S.p.A.
13. Ofar S.p.A.
14. Officine Galperti S.p.A.
15. P. Technologies S.r.l.
16. Poclain Hydraulics Indistriale S.r.l.
17. Poppi Ugo Euroforge S.p.A.
18. Riganti S.p.A.
19. Ringmill S.p.A.
20. Siderforgerossi Group S.p.A.
[FR Doc. 2024-02391 Filed 2-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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