Notice2024-02423
Forged Steel Fluid End Blocks From the Federal Republic of Germany: Preliminary Results and Partial Recission of the Countervailing Duty Administrative Review; 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 countervailable subsidies are being provided to BGH Edelstahl Siegen GmbH (BGH), a producer and exporter of forged steel fluid end blocks (fluid end blocks) from the Federal Republic of Germany (Germany). The period of review (POR) is January 1, 2022, through December 31, 2022.
Full Text
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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 8407-8408]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02423]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-428-848]
Forged Steel Fluid End Blocks From the Federal Republic of
Germany: Preliminary Results and Partial Recission of the
Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to BGH
Edelstahl Siegen GmbH (BGH), a producer and exporter of forged steel
fluid end blocks (fluid end blocks) from the Federal Republic of
Germany (Germany). The period of review (POR) is January 1, 2022,
through December 31, 2022.
DATES: Applicable February 7, 2024.
FOR FURTHER INFORMATION CONTACT: Shane Subler or Rachel Accorsi, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6241 or (202)
482-3149, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 31, 2023, we received a timely request for an
administrative review from the petitioner \1\ and BGH.\2\ On March 14,
2023, Commerce published a notice of initiation of an administrative
review of the countervailing duty (CVD) order on fluid end blocks from
Germany.\3\ On April 20, 2023, we selected BGH and Schmiedewerke
Gr[ouml]ditz GmbH (SWG) as mandatory respondents in this administrative
review.\4\ On September 27, 2023, Commerce extended the deadline for
the preliminary results of this review until January 31, 2024.\5\
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\1\ The petitioner is the FEB Fair Trade Coalition, which is
comprised of the Ellwood City Forge Company, Ellwood Quality Steels
Company, Ellwood National Steel Company, and A. Finkl & Sons.
\2\ See Petitioner's Letter, ``Request for Administrative Review
of Countervailing Duty Order,'' dated January 31, 2023; see also
BGH's Letter, ``Request for Administrative Review,'' dated January
31, 2023.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642 (March 14, 2023); see also
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).
\4\ See Memorandum, ``Respondent Selection,'' dated April 20,
2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
September 27, 2023.
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For a complete 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
included as an 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
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 and Partial Rescission of the Countervailing Duty
Administrative Review; 2022: Forged Steel Fluid End Blocks from the
Federal Republic of Germany,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are fluid end blocks from
Germany. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
On April 28, 2023, the petitioner timely withdrew its requests for
an administrative review with respect to Schmiedewerke Gr[ouml]ditz
GmbH (SWG), voestalpine Bohler Welding Group GmbH (VBG), Buderus
Edelstahl GmbH (Buderus), Deutsche Edelstahlwerke GmbH
(Edelstahlwerke), and Saarschmiede GmbH FreiformSchmiede (SSF).\7\ On
May 3, 2023, Commerce notified interested parties that it had suspended
the questionnaire response deadlines for SWG based on the petitioners'
timely withdrawal of its requests for an administrative review with
respect to all companies except for BGH.\8\ As no other party requested
a review of the above-referenced five companies, in accordance with 19
CFR 351.213(d)(1), we are rescinding this administrative review with
respect to SWG, VBG, Buderus, Edelstahlwerke, and SSF. For additional
information regarding this determination, see the Preliminary Decision
Memorandum.
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\7\ See Petitioner's Letter, ``Petitioners' Withdrawal of
Request for 2022 Administrative Review for Certain Entities,'' dated
April 28, 2023.
\8\ See Memorandum, ``Suspension of Questionnaire Response
Deadline,'' dated May 3, 2023.
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Methodology
Commerce is conducting this CVD administrative review in accordance
with section 751(a)(1)(A) 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.\9\ For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
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\9\ 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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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rate for the POR January 1, 2022,
through December 31, 2022:
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Subsidy
rate
Company (percent ad
valorem)
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BGH Edelstahl Siegen GmbH\10\.............................. 2.54
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Disclosure and Public Comment
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\10\ As discussed in the Preliminary Decision Memorandum,
Commerce found the following companies to be cross-owned with BGH
Edelstahl Siegen GmbH: Boschgotthardsh[uuml]tte O. Breyer GmbH, BGH
Edelstahlwerke GmbH, RPS Rohstoff-, Press- und Schneidbetrieb Siegen
GmbH, and SRG Schrott und Recycling GmbH.
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Commerce intends to disclose its calculations performed to
interested parties for these preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\11\ A timeline for
the submission of case briefs and written comments will be notified to
interested parties at a later date. 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.\12\ 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.\13\
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\11\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\12\ 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 Service Final Rule).
\13\ 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.\14\ 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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final 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.
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Final Results
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
Assessment Rate
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned a subsidy rate in the amount shown above for BGH. Upon
completion of the administrative review, consistent with section
751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review.
For the companies in which this review is rescinded, 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). We intend to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
For BGH, 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 statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends,
upon publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amount shown for BGH
(and its cross-owned affiliates) listed above on 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. For all non-reviewed firms, we will instruct CBP
to continue to collect cash deposits at the most recent company-
specific, or all others rate (i.e., 6.29 percent),\16\ applicable to
the company. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\16\ See Order, 86 FR at 7536.
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Notification to Interested Parties
These preliminary results are issued and published pursuant to
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
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Recission of Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Interest Rate Benchmarks
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-02423 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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