Notice2024-02422
Forged Steel Fluid End Blocks From Germany: Preliminary Results of Antidumping Duty Administrative Review and Rescission, in Part; 2022
Primary source
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Published
February 7, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that forged steel fluid end blocks (FEBs) from Germany were sold in the United States at prices below normal value during the period of review (POR) January 1, 2022, through December 31, 2022. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 89 Issue 26 (Wednesday, February 7, 2024)</title>
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[Federal Register Volume 89, Number 26 (Wednesday, February 7, 2024)]
[Notices]
[Pages 8409-8411]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02422]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-847]
Forged Steel Fluid End Blocks From Germany: Preliminary Results
of Antidumping Duty Administrative Review and Rescission, in Part; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that forged steel fluid end blocks (FEBs) from Germany were
sold in the United States at prices below normal value during the
period of review (POR) January 1, 2022, through December 31, 2022.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable February 7, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On January 29, 2021, Commerce published the antidumping duty order
on FEBs from Germany.\1\ On January 31, 2023, Commerce received
requests for an administrative review from BGH Edelstahl Siegen GmbH
(BGH) and the petitioners.\2\ On March 14, 2023, in accordance with 19
CFR 351.221(c)(1)(i), Commerce initiated an administrative review of
the Order, covering six companies, including BGH.\3\ On April 28, 2023,
the petitioners withdrew their request for review for all companies
except BGH.\4\ Thus, there are no outstanding review requests for any
company other than BGH. Pursuant to section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (the Act), on September 18, 2023, Commerce
extended the deadline for the preliminary results until January 31,
2024.\5\
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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 BGH's Letter, ``Request for Administrative Review,''
dated January 31, 2023; see also Petitioners' Letter, ``Request for
Administrative Review,'' dated January 31, 2023. The petitioners
are: Ellwood City Forge Company, Ellwood Quality Steels Company,
Ellwood National Steel Company, and A. Finkl & Sons.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642 (March 14, 2023).
\4\ See Petitioners' Letter, ``Petitioners' Withdrawal of
Request for 2022 Administrative Review for Certain Entities,'' dated
April 28, 2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated September
28, 2023.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is available 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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review and
Rescission, in Part: Forged Steel Fluid End Block from Germany;
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by this review are fluid end blocks from
Germany, whether in finished or unfinished form, and which are
typically used in the manufacture or service of hydraulic pumps. 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 April 28, 2023, we received
a timely withdrawal request from the petitioners for their review
requests for all companies except BGH.\7\ Because no other party
requested a review of those companies, Commerce is rescinding this
review with respect to the following five companies, in accordance with
19 CFR 351.213(d)(1): Buderus Edelstahl GmbH, Deutsche Edelstahlwerke
GmbH, Saarschmiede GmbH Freiformschmiede, Schmiedewerke Gr[ouml]ditz
GmbH, and voestalpine B[ouml]hler Group.
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\7\ See Petitioners' Letter, ``Petitioners' Withdrawal of
Request for 2022 Administrative Review for Certain Entities,'' dated
April 28, 2023.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. We calculated export price in
accordance with section 772(a) of the Act. For a full description of
the methodology underlying these preliminary results, see the
Preliminary Decision Memorandum.
Preliminary Results of the Review
We preliminarily determine the following estimated weighted-average
dumping margin for the period January 1, 2022, through December 31,
2022.
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Weighted-
average
Exporter or Producer dumping
margin
(percent)
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BGH Edelstahl Siegen GmbH................................... 19.96
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). 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 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.\8\ 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.\9\
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\8\ 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).
\9\ 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.\10\ 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
[[Page 8410]]
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).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ 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. An electronically filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues the party intends to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold the hearing at a date and time to be determined.\12\
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\12\ See 19 CFR 351.310(c).
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All submissions should be filed using ACCESS,\13\ and must be
served on interested parties.\14\
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\13\ See 19 CFR 351.303.
\14\ See 19 CFR 351.303(f).
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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).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will 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. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this administrative 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).
If BGH's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review,
Commerce intends to calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales to the total entered value of those sales.
Where we do not have entered values for all U.S. sales to a particular
importer, we will calculate an importer-specific, per-unit assessment
rate on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales to the total quantity of
those sales.\15\ To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also will calculate an importer-specific ad valorem ratio based on
estimated entered values. If BGH's weighted-average dumping margin is
zero or de minimis or where an importer-specific ad valorem assessment
rate is zero or de minimis, we will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\16\
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\15\ See 19 CFR 351.212(b)(1).
\16\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by BGH for
which it did not know that the merchandise was destined for the United
States, we intend to instruct CBP to liquidate those entries at the
all-others rate in the original less-than-fair-value investigation if
there is no rate for the intermediate company(ies) involved in the
transaction.\17\
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\17\ 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 listed above for which the review is being
rescinded, antidumping duties shall be assessed on entries at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
assessment instructions to CBP for the rescinded companies no earlier
than 35 days after the date of publication of the preliminary results
of this administrative review in the Federal Register.''
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for
BGH will be equal to the weighted-average dumping margin established in
the final results of this review (except, if that rate is de minimis
within the meaning of 19 CFR 351.106(c)(1), then the cash deposit rate
will be zero); (2) for producers or exporters 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
for the most recently-completed segment of this proceeding in which
they were reviewed; (3) if the exporter is not a firm covered in this
review or a prior segment of the proceeding 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 4.79 percent, the all-others rate
established in the less-than-fair-value investigation.\18\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\18\ 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 review period.
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 the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
[[Page 8411]]
Dated: January 31, 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. Partial Rescission of Administrative Review
V. Affiliations
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-02422 Filed 2-6-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 7, 2024.
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