Notice2024-20399
Stainless Steel Bar From India: Final Results of Antidumping Duty Administrative Review; 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
September 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that producers/exporters of stainless steel bar (SS bar) subject to this review made sales of subject merchandise at prices below normal value during the period of review (POR), February 1, 2022, through January 31, 2023. We further determine that a producer/exporter of SS bar from India did not make sales of subject merchandise below normal value during the POR.
Full Text
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<title>Federal Register, Volume 89 Issue 175 (Tuesday, September 10, 2024)</title>
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[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73367-73369]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20399]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Final Results of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers/exporters of stainless steel bar (SS bar) subject to this
review made sales of subject merchandise at prices below normal value
during the period of review (POR), February 1, 2022, through January
31, 2023. We further determine that a producer/exporter of SS bar from
India did not make sales of subject merchandise below normal value
during the POR.
DATES: Applicable September 10, 2024.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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) 482-3477.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2024, Commerce published in the Federal Register the
Preliminary Results of the 2022-2023 administrative review of the
antidumping duty order on SS bar from India.\1\ We invited interested
parties to comment on the Preliminary Results. On June 10, 2024, we
extended the deadline for issuing the final results of administrative
review to August 29, 2024.\2\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\3\ The
deadline for issuing the final results of administrative review is now
September 5, 2024. Commerce conducted this review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Stainless Steel Bar from India: Preliminary Results of
Antidumping Duty Administrative Review; 2022-2023, 89 FR 15812
(March 5, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results,''
dated June 10, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Scope of the Order <SUP>4</SUP>
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\4\ See Antidumping Duty Orders: Stainless Steel Bar from
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
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The product covered by the Order is SS bar from India. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.\5\
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\5\ See Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are listed in the appendix to this notice and addressed
in the Issues and Decision Memorandum.\6\ 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 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 Final Results
of the Antidumping Duty Administrative Review of Stainless Steel Bar
from India; 2022-2023,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
cost related adjustments to Laxcon Steels Limited's, and its
affiliates', Ocean Steels Private Limited's, Metlax International
Private Limited's, Parvati Private Limited's, and Mega Steels Private
Limited's (collectively, Laxcon) information.\7\ In addition, we
recalculated Laxcon's reported indirect selling expense calculation \8\
and removed an adjustment to U.S. price reported under a certain
billing adjustment field (BILLADJ1U) for Aamor Inox Limited.\9\ For a
detailed discussion of the issues raised by parties, see the Issues and
Decision Memorandum.
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\7\ Id. at Comments 1, 3, 4, and 5.
\8\ Id. at Comment 6.
\9\ Id. at Comment 8.
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
[[Page 73368]]
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review.
Under section 735(c)(5)(A) of the Act, the all-others rate is
normally an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero or de minimis
margins, and any margins determined entirely on the basis of facts
available. In this review, we have determined that the estimated
weighted-average margin for Aamor is de minimis. Therefore, the only
rate that is not zero, de minimis, or based entirely on facts
available, is the rate calculated for Laxcon. Accordingly, we assigned
a margin of 0.70 percent based on Laxcon's calculated weighted-average
dumping margin to the non-examined companies.
Final Results of Review
We determine that the following estimated weighted-average dumping
margins exist for the period February 1, 2022, through January 31,
2023:
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Weighted-average
Producer/exporter dumping margin
(percent)
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Laxcon Steels Limited, and its affiliates, Ocean 0.70
Steels Private Limited, Metlax International Private
Limited, Parvati Private Limited, and Mega Steels
Private Limited \10\................................
Aamor Inox Limited................................... 0.40 (de minimis)
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Companies Not Selected for Individual Review .................
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Astrabite LLP........................................ 0.70
Venus Wire Industries Pvt. Ltd., and its affiliates, 0.70
Precision Metals, Hindustan Inox Ltd., and Sieves
Manufacturers (India) Pvt. Ltd.\11\.................
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Disclosure
We intend to disclose the calculations performed for these final
results of review to the parties within five days after public
announcement, 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)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. For any individually examined respondents whose weighted-
average dumping margin is above de minimis, we calculated 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. Where either the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer- (or customer-) 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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\10\ Collectively, these companies are known as Laxcon.
\11\ Collectively, these companies are known as Venus Group.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR for which the examined companies did
not know that the merchandise they sold to an intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate (12.45 percent \12\), if there is no
rate for the intermediate company(ies) involved in the transaction.
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\12\ See Order at 66921.
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For the companies that were not selected for individual
examination, we will instruct CBP to assess antidumping duties at a
rate equal to the weighted-average dumping margin established in the
final results of review.
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. 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
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review in the Federal Register, as provided for
by section 751(a)(2) of the Act: (1) the cash deposit rate for
companies subject to this review will be the rates established in these
final results of the 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; (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 recent period for the producer of the merchandise; (4) the cash
deposit rate for all other producers or exporters will continue to be
12.45 percent,\13\ the all-others rate established in the
investigation. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\13\ See Order, 60 FR at 66921.
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Notification to Importers
This notice serves as a final 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 has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary
[[Page 73369]]
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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: September 4, 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. Changes From the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Revise Laxcon's Reported Cost
Comment 2: Whether to Revise Mega Steels Private Limited's
Reported Costs
Comment 3: Whether to Revise Ocean Steels Private Limited's
Reported Costs
Comment 4: Whether to Revise Metlax International Private
Limited's Reported
Costs
Comment 5: Whether to Disallow Laxcon's Offset for an Affiliated
Party's
Interest Expenses
Comment 6: Whether to Revise Laxcon's Indirect Selling Expenses
Comment 7: Whether to Reject Aamor's Claimed Billing Adjustment
Comment 8: Whether to Deny Aamor's Request for the Addition of
An Export Tax Adjustment
VI. Recommendation
[FR Doc. 2024-20399 Filed 9-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 10, 2024.
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