Notice2024-02392
Forged Steel Fluid End Blocks From Italy: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Administrative Review, in Part; 2022
Primary source
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Published
February 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that countervailable subsidies were provided to producers and exporters of forged steel fluid end blocks (fluid end blocks) from Italy, during the period of review (POR) January 1, 2022 through, December 31, 2022. In addition, Commerce is rescinding this review, in part, with respect to 19 companies. Interested parties are invited 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 8145-8147]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02392]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-841]
Forged Steel Fluid End Blocks From Italy: 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 finds
that countervailable subsidies were provided to producers and exporters
of forged steel fluid end blocks (fluid end blocks) from Italy, during
the period of review (POR) January 1, 2022 through, December 31, 2022.
In addition, Commerce is rescinding this review, in part, with respect
to 19 companies. Interested parties are invited to comment on these
preliminary results.
DATES: February 6, 2024.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski 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) 482-1395 or (202)
482-4270, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 29, 2021, Commerce published in the Federal Register the
countervailing duty order on fluid end blocks from Italy.\1\ On January
3, 2023, Commerce published in the Federal Register the notice of
initiation of an administrative review of the Order.\2\ On June 23,
2023, Commerce selected Lucchini Mame Forge S.p.A. (Lucchini), and
Metalcam S.p.A. (Metalcam) for individual examination as the mandatory
respondents in this review.\3\ On September 12, 2023, Commerce extended
the deadline for the preliminary results of this review until January
31, 2024.\4\
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\1\ See Forged Steel Fluid End Blocks from the People's Republic
of China, the Federal Republic of Germany, India, and Italy:
Countervailing Duty Orders, and Amended Final Affirmative
Countervailing Duty Determination for the People's Republic of
China, 86 FR 7535 (January 29, 2021) (Order); see also Forged Steel
Fluid End Blocks from the People's Republic of China, the Federal
Republic of Germany, India, and Italy: Correction to Countervailing
Duty Orders, 86 FR 10244 (February 19, 2021).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642, (March 14, 2023).
\3\ See Memorandum, ``Respondent Selection,'' dated June 23,
2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2022,'' dated
September 12, 2023.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\5\ A list of topics discussed in the Preliminary Decision
Memorandum is included in 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 directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing 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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Scope of the Order
The merchandise subject to the Order is 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 19 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,
in part, with respect to the 19 companies that have no reviewable
[[Page 8146]]
suspended entries.\6\ No parties commented on our intent to rescind the
review, in part. Therefore, we are rescinding the administrative
review, in part, with respect to these 19 companies listed in Appendix
II of this notice.
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\6\ See Memorandum, ``Intent to Rescind Review, in Part,'' dated
January 16, 2024.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1) of the Tariff Act of 1930, as amended (the Act). For each of
the subsidy programs found to be 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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Rate For Non-Selected Companies Under Review
There are two companies, Officine Meccaniche Roselli S.r.l.
(Roselli) and Cogne Acciai Speciali S.p.A. (Cogne) for which a review
was requested, which had reviewable entries, and which were not
selected as mandatory respondents or found to be cross-owned with a
mandatory respondent. For these companies, because the rates calculated
for the mandatory respondents, Lucchini and Metalcam, were above de
minimis and not based entirely on facts available, and because neither
mandatory respondent provided publicly ranged sales data, we are
applying to the non-selected companies a rate using the simple average
of the individual subsidy rates calculated for Lucchini and Metalcam.
This methodology is consistent with our practice for establishing an
all-others rate pursuant to section 705(c)(5)(A) of the Act.\8\
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\8\ See Memorandum, ``Calculation of Non-Selected Companies
Rate,'' dated concurrently with, and hereby adopted by, this notice;
see also Preliminary Decision Memorandum.
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Preliminary Results of Review
Commerce preliminary determines that the following net
countervailable subsidy rates exist for the period January 1, 2022,
through December 31, 2022:
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\9\ Commerce preliminary finds the following companies to be
cross-owned with Lucchini: Lucchini RS S.p.A.; Lucchini Industries
Srl; and Bicomet S.p.A.
\10\ Commerce has found the following companies to be cross-
owned with Metalcam: Adamello Meccanica S.r.l.; and B.S. S.r.l.
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Subsidy rate
Company (percent ad
valorem)
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Lucchini Mame Forge S.p.A.\9\........................... 5.87
Metalcam S.p.A.\10\..................................... 3.41
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Review-Specific Average Rate Applicable to the Following Companies:
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Officine Meccaniche Roselli S.r.l....................... 4.64
Cogne Acciai Speciali S.p.A............................. 4.64
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Disclosure and Public Comment
We intend to disclose our calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\11\ 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.\12\ 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.\13\ 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.\14\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ 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).
\14\ 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.\15\ 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).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ 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.
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
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.
[[Page 8147]]
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
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
pursuant to sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 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 the Order
IV. Rescission of Administrative Review, in Part
V. Non-Selected Companies Under Review
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. 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. Industria Meccanica e Stampaggio S.p.A.
11. Mimest S.p.A.
12. Ofar S.p.A.
13. Officine Galperti S.p.A.
14. P. Technologies S.r.l.
15. Poclain Hydraulics Indistriale S.r.l.
16. Poppi Ugo Euroforge S.p.A.
17. Riganti S.p.A.
18. Ringmill S.p.A.
19. Siderforgerossi Group S.p.A.
[FR Doc. 2024-02392 Filed 2-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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