Notice2024-03402
Finished Carbon Steel Flanges From India: Final Results of Countervailing Duty Administrative Review; 2021
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 20, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Norma (India) Ltd. (Norma) and R.N. Gupta & Co. Ltd. (RNG) received countervailable subsidies during the period of review (POR), January 1, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 89 Issue 34 (Tuesday, February 20, 2024)</title>
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[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Notices]
[Pages 12825-12826]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03402]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-872]
Finished Carbon Steel Flanges From India: Final Results of
Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Norma (India) Ltd. (Norma) and R.N. Gupta & Co. Ltd. (RNG) received
countervailable subsidies during the period of review (POR), January 1,
2021, through December 31, 2021.
DATES: Applicable February 20, 2024.
FOR FURTHER INFORMATION CONTACT: Preston N. Cox or Scarlet K. Jaldin,
AD/CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5041 or (202)
482-4275, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 17, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register and invited
interested parties to comment.\1\ In September 2023, Commerce conducted
verification of the information reported in the questionnaire responses
of Norma (India) Limited (Norma) and R.N. Gupta & Co. Ltd. (RNG).\2\ On
November 6, 2023, we received a timely filed case brief from the
Government of India (GOI).\3\ On November 15, 2023, Commerce extended
the deadline for issuing these final results to February 1, 2023.\4\ On
January 23, 2024, we further extended the deadline for these final
results to February 13, 2024.\5\ For a complete description of the
events that occurred since the publication of the Preliminary Results,
see the Issues and Decision Memorandum.\6\
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\1\ See Finished Carbon Steel Flanges from India: Preliminary
Results of Countervailing Duty Administrative Review; 2021, 88 FR
56000 (August 17, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memo (PDM).
\2\ See Memorandum, ``Report on Verification of Norma (India)
Limited, USK Exports Private Limited, Uma Shanker Khandelwal & Co.,
and Bansidhar Chiranjilal,'' dated October 25, 2023; see also
Memorandum, ``Report on Verification of R.N. Gupta & Co., Ltd.,''
dated October 25, 2023.
\3\ See GOI's Letter, ``Case Brief on behalf,'' dated November
6, 2023.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2021,'' dated November
15, 2023.
\5\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2021,'' dated January 23,
2024.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Finished Carbon Steel Flanges from India; 2021,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order
The merchandise covered by the Order is finished carbon steel
flanges. For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.\7\
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\7\ Id. at 2-3.
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Analysis of Comments Received
All issues raised by the GOI in its case brief are addressed in the
Issues and Decision Memorandum. A list of topics discussed in the
Issues and Decision Memorandum is provided in Appendix I. The Issues
and 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 Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of comments from interested parties and the
information on the record, there have been no changes made from the
Preliminary Results. For a full discussion of the issues, see the
Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, we find
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\8\ For a full description of the methodology
underlying our conclusions, including our reliance on adverse facts
available pursuant to sections 776(a) and (b) of the Act, see the
Issues and Decision Memorandum.
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\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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Companies Not Selected for Individual Examination
We made no changes to the methodology used in the Preliminary
Results \9\ for determining a rate for companies not selected for
individual examination. Therefore, we have made no changes to the
subsidy rate calculated for companies not selected for individual
examination. The companies for which a review was requested and that
were not selected as mandatory respondents or found to be cross-owned
with a mandatory respondent are listed in Appendix II.
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\9\ See Preliminary Results PDM at 25-26.
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[[Page 12826]]
Final Results of Administrative Review
As a result of this review, we determine that the following net
countervailable subsidy rates exist for the period January 1, 2021,
through December 31, 2021:
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\10\ As discussed in the Preliminary Results PDM, Commerce has
found the following companies to be cross-owned with Norma (India)
Ltd.: USK Export Private Limited; Uma Shanker Khandelwal and Co.;
and Bansidhar Chiranjilal. This rate applies to all cross-owned
companies.
\11\ See Appendix II for a list of companies not selected for
individual examination.
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Norma (India) Ltd. \10\................................. 2.98
R.N. Gupta & Co. Ltd.................................... 3.20
Non-Selected Companies Under Review \11\................ 3.09
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Disclosure
Normally, Commerce discloses its calculations and analysis
performed in connection with the final results to interested parties
within five days of its 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). However, because we have
made no changes to the calculations used in reaching the Preliminary
Results, the countervailable subsidy rates are unchanged from the rates
assigned in the Preliminary Results, and there are no calculations to
disclose.
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct U.S. Customs and Border Protection (CBP) to collect cash
deposits of estimated countervailing duties in the amounts shown for
each company listed above on shipments of subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of these final results of this administrative review. For
all non-reviewed firms, we will instruct CBP to 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 or
the non-selected companies rate, as appropriate. These cash deposit
instructions, effective upon the publication of these final results,
shall remain in effect until further notice.
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and CBP shall assess,
countervailing duties on all appropriate entries covered by this review
for the above-listed companies at the applicable ad valorem assessment
rates. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after 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).
Administrative Protection Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the disposition of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 351.221(b)(5).
Dated: February 13, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether the Duty Drawback Program Is Countervailable
Comment 2: Whether the Export Promotion of Capital Goods Scheme
Is Countervailable
Comment 3: Whether the Interest Equalization Scheme Is
Countervailable
Comment 4: Whether Commerce Correctly Found the Merchandise
Export From India Scheme and the Status Holder Incentive Scheme To
Be Countervailable
Comment 5: Whether Commerce Correctly Analyzed the Electricity
Duty Exemption Under the State Government of Uttar Pradesh
Investment Promotion Scheme/Infrastructure and Industrial Investment
Policy (SGUP-EDE) Scheme
IX. Recommendation
Appendix II--Companies Not Selected for Individual Examination
1. Adinath International
2. Allena Group
3. Alloyed Steel
4. Balkrishna Steel Forge Pvt. Ltd.
5. Bebitz Flanges Works Private Limited
6. C.D. Industries
7. Cetus Engineering Private Limited
8. CHW Forge
9. CHW Forge Pvt. Ltd.
10. Citizen Metal Depot
11. Corum Flange
12. DN Forge Industries
13. Echjay Forgings Limited
14. Falcon Valves and Flanges Private Limited
15. Heubach International
16. Hindon Forge Pvt. Ltd.
17. Jai Auto Pvt. Ltd.
18. Kinnari Steel Corporation
19. M F Rings and Bearing Races Ltd.
20. Mascot Metal Manufacturers
21. Munish Forge Private Limited
22. OM Exports
23. Punjab Steel Works (PSW)
24. R.D. Forge
25. Raaj Sagar Steel
26. Ravi Ratan Metal Industries
27. Rolex Fittings India Pvt. Ltd.
28. Rollwell Forge Engineering Components and Flanges
29. Rollwell Forge Pvt. Ltd.
30. SHM (ShinHeung Machinery)
31. Siddhagiri Metal & Tubes
32. Sizer India
33. Steel Shape India
34. Sudhir Forgings Pvt. Ltd.
35. Tirupati Forge
36. Umashanker Khandelwal Forging Limited
[FR Doc. 2024-03402 Filed 2-16-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 20, 2024.
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