Stainless Steel Bar From India: Preliminary Results of New Shipper Review; 2023
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) is conducting a new shipper review (NSR) of Welspun Specialty Solutions Limited (Welspun) regarding the antidumping duty (AD) order on stainless steel bar (SS Bar) from India. The period of review (POR) is February 1, 2023, through July 31, 2023. We have preliminarily determined that Welspun's sales were bona fide transactions and were not made below normal value (NV). Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 89 Issue 156 (Tuesday, August 13, 2024)</title>
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[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65865-65866]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17999]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Preliminary Results of New
Shipper Review; 2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting a new
shipper review (NSR) of Welspun Specialty Solutions Limited (Welspun)
regarding the antidumping duty (AD) order on stainless steel bar (SS
Bar) from India. The period of review (POR) is February 1, 2023,
through July 31, 2023. We have preliminarily determined that Welspun's
sales were bona fide transactions and were not made below normal value
(NV). Interested parties are invited to comment on these preliminary
results.
DATES: Applicable August 13, 2024.
FOR FURTHER INFORMATION CONTACT: Joshua Weiner, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3902.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 1995, Commerce published in the Federal Register
the antidumping duty order on SS Bar from India.\1\ On August 31, 2023,
pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.214(c), Commerce received a timely
NSR request from Welspun.\2\ Based on Welspun's NSR request and
supplemental information, we published in the Federal Register a notice
of initiation of the NSR. On March 5, 2024, Commerce extended the
deadline to issue the preliminary results of this NSR by 120 days, to
July 25, 2024, in accordance with section 751(a)(2)(B)(iv) of the Act
and 19 CFR 351.214(i)(2).\3\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\4\ The
deadline for the preliminary results is now August 1, 2024.
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\1\ See Antidumping Duty Orders: Stainless Steel Bar from
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
\2\ See Welspun's Letter, ``Request for New Shipper Review,''
dated August 31, 2023.
\3\ See Commerce's Letter, ``Extension of Deadline for
Preliminary Results,'' dated March 5, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this NSR, see the Preliminary Decision Memorandum.\5\ A
list of topics included 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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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results in the New Shipper Review of Welspun'' 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 SS Bar from India. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section 751 of
the Act. For a full description of the methodology underlying the
preliminary results, see the Preliminary Decision Memorandum.
Verification
As provided in 19 CFR 351.307(b)(iv), Commerce verified the
information submitted by Welspun in advance of these preliminary
results.\6\
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\6\ See Memorandum, ``Verification of the Questionnaire Sales
Responses,'' dated July 16, 2024 (Verification Report).
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Preliminary Results of NSR
As a result of this NSR, Commerce preliminarily determines the
following estimated weighted-average dumping margin exists for the
period, February 1, 2023, through July 31, 2023.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Welspun Specialty Solutions Limited........................ 0.00
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties in 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 no later than thirty
days after the publication of the Federal Register notice regarding
these preliminary results.\7\ 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.\8\ 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.\9\
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\7\ See 19 CFR 351.309(c)(ii).
\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 Service Final Rule).
\9\ See 19 351.309(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 NSR, 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 public executive summary
of each issue to no more than 450 words, not
[[Page 65866]]
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 NSR. 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).\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 Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
An electronically filed hearing request 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.\12\
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\12\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this NSR, including
the results of its analysis of issues raised in any written briefs, no
later than 90 days after the date of issuance of these preliminary
results, unless extended, pursuant to section 751(a)(2)(B)(iv) of the
Act.
Assessment Rates
Upon issuing the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\13\ If the respondent's weighted-average dumping margin is zero
or de minimis in the final results, Commerce will instruct CBP to
liquidate the appropriate entries without regard to duties. If the
respondent's weighted-average dumping margin is above de minimis (i.e.,
0.5 percent) in the final results of this review, Commerce will
calculate importer-specific (or customer-specific) assessment rates on
the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those
sales, in accordance with 19 CFR 351.212(b)(1). If an importer-specific
rate is zero or de minimis, Commerce will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\13\ See 19 CFR 351.212(b).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
NSR 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 Instructions
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from India entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) for subject merchandise produced
and exported by Welspun, the cash deposit rate will be the rate
established for Welspun in the final results of this NSR (except, if
the rate is zero or de minimis, then no cash deposit will be required);
\14\ (2) for subject merchandise exported by Welspun, but not produced
by Welspun, the cash deposit rate will be the producer's rate, or the
all others rate (i.e., 12.45 percent) \15\ if the producer does not
have its own rate; and (3) for subject merchandise produced by Welspun,
but not exported by Welspun, the cash deposit rate will be the rate
applicable to the exporter, or the all other's rate if the exporter
does not have its own rate. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\14\ See Certain Cut-To-Length Carbon-Quality Steel Plate
Products from the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative and New Shipper Reviews and
Rescission of Administrative Review, In Part; 2014-2015, 81 FR 12870
(March 11, 2016).
\15\ See Order, 60 FR at 9661.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping 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 duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of NSR in
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act and 19
CFR 351.214.
Dated: August 1, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-17999 Filed 8-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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