Notice2024-10233
Carbon Steel Flanges From Spain: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 2022-2023
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
May 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that carbon steel flanges from Spain were sold in the United States at prices below normal value. The period of review (POR) is June 1, 2022, through May 31, 2023. We are also rescinding this administrative review, in part, with respect to seven companies because the requests for administrative review were timely withdrawn. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 92 (Friday, May 10, 2024)</title>
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[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40465-40467]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10233]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-815]
Carbon Steel Flanges From Spain: Preliminary Results of
Antidumping Duty Administrative Review and Rescission of Review in
Part; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that carbon steel flanges from Spain were sold in the United States at
prices below normal value. The period of review (POR) is June 1, 2022,
through May 31, 2023. We are also rescinding this administrative
review, in part, with respect to seven companies because the requests
for administrative review were timely withdrawn. We invite interested
parties to comment on these preliminary results.
DATES: Applicable May 10, 2024.
FOR FURTHER INFORMATION CONTACT: Jacob Waddell or Mark Flessner, 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) 482-1369 or (202) 482-6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2017. Commerce issued an antidumping duty order on
finished carbon steel flanges from Spain.\1\ On August 3, 2023, based
on timely requests for administrative review, Commerce initiated an
administrative review of the Order.\2\ All requests for administrative
review were timely withdrawn with regard to seven
[[Page 40466]]
companies,\3\ leaving ULMA Forja, S.Coop (ULMA) as the sole mandatory
respondent in this review.\4\ On February 9, 2024, in accordance with
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act),
Commerce extended the preliminary results of review until June 28,
2024.\5\
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\1\ See Finished Carbon Steel Flanges from Spain: Antidumping
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271 (August 3, 2023) (Initiation
Notice).
\3\ See Weldbend Corporation's Letter, ``Withdrawal of Request
for Administrative Review,'' dated September 5, 2023.
\4\ See Memorandum, ``Identification of Mandatory Respondent for
the 2022-2023 Administrative Review of the Antidumping Duty Order on
Finished Carbon Steel Flanges from Spain,'' dated September 15,
2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
9, 2024.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\6\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix I 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 of Antidumping Duty Administrative Review; 2022-2023'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The product covered by the Order is carbon steel flanges from
Spain. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(2) of the Act. Commerce has calculated export
prices in accordance with section 772(a) of the Act. Constructed export
prices have been calculated in accordance with section 772(b) of the
Act. Normal value is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying our
conclusions, 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 the party or parties
that requested a review withdraws the request within 90 days of the
publication of the notice of initiation of the requested review. As
noted above, all requests for an administrative review were timely
withdrawn for all companies except ULMA. Therefore, in accordance with
19 CFR 351.213(d)(1), we are rescinding this administrative review with
respect to seven of the eight companies named in the Initiation
Notice.\7\
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\7\ See Appendix II for a list of these companies.
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Preliminary Results of Review
Commerce preliminarily finds the following estimated weighted-
average dumping margin exists for the period June 1, 2021, through May
31, 2023:
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Weighted-
average dumping
Exporter/producer margin
(percent)
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ULMA Forja, S.Coop..................................... 2.02
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Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results within five days after public
announcement of the preliminary results, or if there is no public
announcement, within five days of the publication of these preliminary
results in the Federal Register, in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of these preliminary results of
review.\8\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
case briefs.\9\ 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.\10\
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\8\ See 19 CFR 351.309(c)(ii).
\9\ 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).
\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 public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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).\12\
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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.
\12\ 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. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS, by
5:00 p.m. Eastern Time within 30 days after the date of publication of
this notice.\13\ 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.
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\13\ See 19 CFR 351.310(c).
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Assessment Rate
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\14\
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\14\ See 19 CFR 351.212(b)(1).
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For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., greater than or equal to 0.5
percent) in the final results of this review, we will calculate
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of antidumping duties calculated for the examined
sales to the total entered value of the examined sales to that
importer, and we will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review. For entries of subject
merchandise during the POR produced by each respondent for which it did
not know its merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others
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rate if there is no rate for the intermediate company(ies) involved in
the transaction.\15\ Where the individually-selected respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\15\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies listed in Appendix II for which we are rescinding
this review, 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, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends
to issue these rescission instructions to CBP no earlier than 35 days
after the date of publication of this notice in the Federal Register.
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.\16\ 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).
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\16\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 884 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2) of the Act: (1) the cash
deposit rate for the companies listed in the final results of review
will be equal to the weighted-average dumping margin established in the
final results of this administrative review; (2) for merchandise
exported by 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, a
prior review, or the original investigation 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; (4) the cash deposit rate for all other producers or
exporters will continue to be 2.02 percent, the all-others rate
established in the less-than-fair-value investigation.\17\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\17\ See Order, 82 FR at 27230.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
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 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 duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 6, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies for Which This Administrative Review is Being Rescinded
1. Aleaciones De Metales Sinterizados S.A.
2. Central Y Almacenes
3. Farina Group Spain
4. Friedrich Geldbach Gmbh
5. Grupo Cunado
6. Transglory S.A.
7. Tubacero, S.L.
[FR Doc. 2024-10233 Filed 5-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 10, 2024.
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