Notice2024-18417
Forged Steel Fluid End Blocks From Italy: Final Results of Countervailing Duty Administrative Review; 2022
Primary source
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Published
August 16, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers and exporters of forged steel fluid end blocks (fluid end blocks) from Italy received countervailable subsidies during the period of review (POR) January 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)</title>
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[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66678-66680]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18417]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-841]
Forged Steel Fluid End Blocks From Italy: Final Results of
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
certain producers and exporters of forged steel fluid end blocks (fluid
end blocks) from Italy received countervailable subsidies during the
period of review (POR) January 1, 2022, through December 31, 2022.
[[Page 66679]]
DATES: Applicable August 16, 2024.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Claudia Cott,
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) 482-1395 or (202)
482-4270, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2024, Commerce published in the Federal Register the
Preliminary Results of this administrative review and invited comments
from interested parties.\1\ For a detailed description of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\2\ On May 3, 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 August 2,
2024.\3\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative review by seven days.\4\ The deadline for the final
results of review is now August 9, 2024.
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\1\ See Forged Steel Fluid End Blocks from Italy: Preliminary
Results of Countervailing Duty Administrative Review and Rescission
of Administrative Review, in Part; 2022, 89 FR 8145 (February 6,
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 Italy; 2022,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated May 3, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Scope of the Order <SUP>5</SUP>
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\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); see also Forged Steel Fluid
End Blocks from the People's Republic of China, the Federal Republic
of Germany, India, and Italy: Correction to Countervailing Duty
Orders, 86 FR 10244 (February 19, 2021) (Order).
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The products covered by the scope of the Order are forged steel
fluid end blocks from Italy. For a full description of the scope of the
Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this review are addressed in the Issues and
Decision Memorandum. The topics discussed and the issues raised by
interested parties to which we responded in the Issues and Decision
Memorandum are listed in the 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 comments received from interested parties, we revised the
calculation of the net countervailable subsidy rates for Lucchini Mame
Forge S.p.A. (Lucchini) and Metalcam S.p.A. (Metalcam). For a
discussion of these changes, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Act. For each of the subsidy programs found
to be countervailable, we determine 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.\6\ For a complete
description of the methodology underlying all of Commerce's
conclusions, including our reliance, in part, on facts otherwise
available, including adverse facts available, pursuant to sections
776(a) and (b) of the Act, see the Issues and Decision Memorandum.
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\6\ 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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Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation. Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to calculate the all-others rate
equal to the weighted average of the countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero or de minimis countervailable subsidy rates, and any
rates determined entirely on the basis of facts available.
There are two companies (i.e., Officine Meccaniche Roselli S.r.l.
and Cogne Acciai Speciali S.p.A.) for which a review was requested and
not rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. In this review,
the rates for Lucchini and Metalcam were above de minimis and not based
entirely on facts available. Therefore, we are applying to the non-
selected companies the average of the net subsidy rates calculated for
Lucchini and Metalcam in these final results, which we calculated using
the publicly-ranged sales data submitted by Lucchini and Metalcam.\7\
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\7\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
\8\ Commerce finds the following companies to be cross-owned
with Lucchini: Lucchini RS S.p.A.; Lucchini Industries Srl; and
Bicomet S.p.A.
\9\ Commerce finds the following companies to be cross-owned
with Metalcam: Adamello Meccanica S.r.l.; and B.S. S.r.l.
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Final Results of the Administrative Review
We find the following net countervailable subsidy rates exist for
the period January 1, 2022, through December 31, 2022:
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Subsidy
rate
Company (percent
ad
>valorem)
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Lucchini Mame Forge S.p.A.\8\............................... 6.80
Metalcam S.p.A.\9\.......................................... 3.28
Review-Specific Average Rate Applicable to the Following
Companies:
Officine Meccaniche Roselli S.r.l......................... 5.04
Cogne Acciai Speciali S.p.A............................... 5.04
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[[Page 66680]]
Disclosure
Commerce intends to disclose calculations and analysis performed
for these final results of review within five days after the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. 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).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies listed
above for 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, as appropriate.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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
subject to sanction.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: August 9, 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. Non-Selected Rate
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether to Adjust Lucchini's Benefits Under the
Electricity Purchases Through the Interconnector Program
Comment 2: Whether Commerce Should Calculate Lucchini's Benefit
Amount for the Gas Interruptibility Program on an Entity-Specific
Basis
Comment 3: Whether Commerce Correctly Calculated Lucchini's
Benefits Under the Free Allocation of European Union Emissions
Trading System Program
Comment 4: Whether Commerce Should Countervail Certain
Additional Energy Subsidies in this Review
Comment 5: Whether Respondents Received Benefits Under the
Industrial Exemptions for General Electricity Network Costs
(Energivori) Program
Comment 6: Whether Commerce Should Adjust Lucchini's Denominator
Comment 7: Whether Commerce Should Countervail the Energy
Interruptibility Contracts Program
Comment 8: Whether the Aid for Economic Growth Program is
Specific
Comment 9: Whether Commerce Should Countervail the Super-
Ammortamento, Iper-Ammortamento and Patent Box Deductions Programs
Comment 10: Whether Commerce Should Countervail Certain Sgravi
Programs
IX. Recommendation
[FR Doc. 2024-18417 Filed 8-15-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 16, 2024.
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