Notice2024-17635
Forged Steel Fluid End Blocks From Germany: Final Results of the Countervailing Duty Administrative Review; 2022
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
August 8, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to BGH Edelstahl Siegen GmbH (BGH), a producer and exporter of forged steel fluid end blocks (fluid end blocks) from Germany. The period of review (POR) is January 1, 2022, through December 31, 2022.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 153 (Thursday, August 8, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Notices]
[Pages 64875-64877]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17635]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-428-848]
Forged Steel Fluid End Blocks From Germany: Final Results 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) determines that
countervailable subsidies were provided to BGH Edelstahl Siegen GmbH
(BGH), a producer and exporter of forged steel fluid end blocks (fluid
end blocks) from Germany. The period of review (POR) is January 1,
2022, through December 31, 2022.
DATES: Applicable August 8, 2024.
FOR FURTHER INFORMATION CONTACT: Rachel Accorsi or Bob Palmer, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3149 or (202) 482-9068,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 7, 2024, Commerce published the Preliminary Results.\1\
For a detailed description of the events that occurred subsequent to
the Preliminary Results, see the Issues and Decision Memorandum.\2\ On
May 1, 2024, in accordance with section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), Commerce extended the deadline for
issuing the final results until July 26, 2024.\3\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven
[[Page 64876]]
days.\4\ The deadline for the final results is now August 2, 2024.
---------------------------------------------------------------------------
\1\ See Forged Steel Fluid End Blocks from the Federal Republic
of Germany: Preliminary Results and Partial Recission of the
Countervailing Duty Administrative Review; 2022, 89 FR 8407
(February 7, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review of Forged Steel
Fluid End Blocks from Germany; 2022,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for the Final
Results of Countervailing Duty Administrative Review; 2022,'' dated
May 1, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
Scope of the Order <SUP>5</SUP>
---------------------------------------------------------------------------
\5\ 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).
---------------------------------------------------------------------------
The products covered by the Order are fluid end blocks from
Germany. A full description of the scope of the Order is contained in
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in an appendix to this
notice. 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 review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the countervailable subsidy rate calculations for BGH
Edelstahl Siegen GmbH (BGH).\6\ These changes are explained in the
Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Final Results Calculations for BGH
Edelstahl Siegen GmbH.,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
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.\7\ The Issues and Decision
Memorandum contains a full description of the methodology underlying
Commerce's conclusions, including any determination that relied upon
the use of adverse facts available pursuant to sections 776(a) and (b)
of the Act.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in May 2024, Commerce
conducted verification of the subsidy information reported by BGH. We
used standard verification procedures, including an examination of
relevant sales and accounting records, and original source documents
provided by the respondents.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Verification of the Questionnaire
Responses of BGH Edelstahl Siegen GmbH,'' dated June 7, 2024.
\9\ 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.
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, we determine the following net
countervailable subsidy rate for the POR January 1, 2022, through
December 31, 2022:
------------------------------------------------------------------------
Subsidy rate (percent
Company ad valorem)
------------------------------------------------------------------------
BGH Edelstahl Siegen GmbH \9\.................. 2.75
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in connection with
the final results of review to parties in this proceeding within five
days of the date of publication of this notice in the Federal Register
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, countervailing duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review, for BGH at the applicable ad valorem assessment rates listed
for the POR (i.e., January 1, 2022, to December 31, 2022). Commerce
intends to issue assessment instructions to CBP for these companies no
earlier than 35 days after the 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
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for the POR for BGH Siegen 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
subject to the Order, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate.
These cash deposit requirements, effective upon publication of the
final results of review, shall remain in effect until further notice.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or destruction 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 violation which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act and 19 CFR 351.221(b)(5).
Dated: August 2, 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
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Analysis of Programs
VI. Discussion of the Issues
Comment 1: Whether Commerce Erred by Deferring Analysis of the
Reductions in Section 19 StromNEV Surcharge
Comment 2: Whether Commerce Incorrectly Found the KfW 292 Energy
Efficiency and 295 Energy and Resource
[[Page 64877]]
Efficiency in Business Loan Programs To Be Countervailable
Comment 3: Whether Commerce Should Find the Changes to the 2018
Special Equalization Scheme--Reduced EEG Surcharge Program To Be an
Additional Countervailable Subsidy
Comment 4: Whether Commerce Incorrectly Found the SES Reduced
Surcharge Programs To Be Countervailable
Comment 5: Whether Commerce Incorrectly Found the Concession Fee
Ordinance Relief Program To Be Countervailable
Comment 6: Whether Commerce Incorrectly Found the Electricity
Tax Act and the Energy Tax Act Programs To Be Countervailable
Comment 7: Whether Commerce Incorrectly Found the EU ETS To Be
Countervailable
Comment 8: Whether Commerce Incorrectly Found the EU ETS--
Compensation of Indirect CO<INF>2</INF> Costs Program To Be
Countervailable
VII. Recommendation
[FR Doc. 2024-17635 Filed 8-7-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 8, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.