Notice2024-20751
Finished Carbon Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review, and Rescission, 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
September 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) August 1, 2022, through July 31, 2023. We are also rescinding the review with respect to certain companies. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74884-74887]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20751]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-871]
Finished Carbon Steel Flanges From India: Preliminary Results of
Antidumping Duty Administrative Review, and Rescission, 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 producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value (NV) during
the period of review (POR) August 1, 2022, through July 31, 2023. We
are also rescinding the review with respect to
[[Page 74885]]
certain companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Fred Baker or Theodora Mattei, 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) 482-2924 or (202) 482-4834,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 24, 2017, Commerce published in the Federal Register the
antidumping duty order on finished carbon steel flanges from India.\1\
On August 2, 2023, Commerce published a notice of opportunity to
request an administrative review of the Order.\2\ On October 18, 2023,
Commerce initiated an administrative review of the antidumping duty
order on finished carbon steel flanges from India, in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).\3\ On
December 11, 2023, Commerce selected Norma Group \4\ and R. N. Gupta &
Co., Ltd. (RNG) as mandatory respondents in this administrative
review.\5\ On April 10, 2024, in accordance with section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h)(2), Commerce extended the time period
for issuing these preliminary results until no later than August 30,
2024.\6\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\7\ The deadline for these
preliminary results is now September 6, 2024.
---------------------------------------------------------------------------
\1\ See Finished Carbon Steel Flanges from India and Italy:
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 50840 (August 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023).
\4\ In prior segments of this proceeding, we determined that
Norma (India) Limited, USK Exports Private Limited, Uma Shanker
Khandelwal & Co., and Bansidhar Chiranjilal were affiliated and
should be treated as a single entity (Norma Group). See, e.g.,
Finished Carbon Steel Flanges from India: Preliminary Determination
of Sales at Less Than Fair Value and Postponement of Final
Determination, 82 FR 9719 (February 8, 2017), and accompanying
Preliminary Decision Memorandum, at 4-5, unchanged in Finished
Carbon Steel Flanges from India: Final Determination of Sales at
Less Than Fair Value, 82 FR 29483 (June 29, 2017). In this review,
Norma (India) Limited and its affiliated entities have affirmed that
the factual basis on which Commerce made its prior determinations
has not changed. See Norma Group's Letter, ``2nd Supplemental
Response Section A, C and D of Anti-Dumping duty Original
Questionnaire,'' dated June 26, 2024, at S2-3. Therefore, Commerce
continues to treat these four companies as a single entity.
\5\ See Memorandum, ``Respondent Selection,'' dated December 11,
2023 (Respondent Selection Memorandum). The Respondent Selection
Memorandum incorrectly identified the number of companies on which
we initiated as 41; we initiated the review on 42 companies after
collapsing the four Norma Group companies as described above.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 10,
2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
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>.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Finished Carbon Steel Flanges from India; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is finished carbon steel
flanges. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission, in Part, of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no entries of subject merchandise
during the POR for which liquidation is suspended.\9\ Normally, upon
completion of an administrative review, the suspended entries are
liquidated at the assessment rate calculated for the review period.\10\
Therefore, for an administrative review of a company to be conducted,
there must be a reviewable, suspended entry to be liquidated at the
newly calculated assessment rate.\11\
---------------------------------------------------------------------------
\9\ See, e.g., Large Diameter Welded Pipe from Greece:
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89
FR 4274 (January 23, 2024).
\10\ See 19 CFR 351.212(b)(2).
\11\ See 19 CFR 351.212(d)(3).
---------------------------------------------------------------------------
Based on our analysis of Customs and Border Protection (CBP)
information, we determined that 27 companies had no entries of subject
merchandise during the POR.\12\ On December 15, 2023, we notified
parties that we intended to rescind this administrative review with
respect to the 27 companies, because those companies had no reviewable,
suspended entries of subject merchandise; and we invited parties to
comment.\13\ No parties commented on the notification of intent to
rescind the review, in part. Accordingly, pursuant to 19 CFR
351.213(d)(3) and (d)(4), we are rescinding the administrative review
with respect to the 27 companies (listed in Appendix III of this
notice) that had no reviewable, suspended entries of subject
merchandise during the POR.
---------------------------------------------------------------------------
\12\ See Appendix III (listing the 27 companies).
\13\ See Memorandum, ``Intent to Rescind Administrative Review,
in Part,'' dated December 15, 2023.
---------------------------------------------------------------------------
Additionally, Aditya Forge Limited (Aditya), withdrew its request
for a review of its entries. Therefore, because Aditya was the only
company that requested a review of Aditya's entries, and it timely
withdrew its request, we are rescinding the review with respect to
Aditya in accordance with 19 CFR 351.213(d)(1).\14\
---------------------------------------------------------------------------
\14\ See Appendix III.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price is calculated in
accordance with section 772 of the Act. NV is calculated in accordance
with section 773 of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum.
Rate for Non-Selected Companies
The Act 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(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
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
[[Page 74886]]
zero or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this administrative review, we preliminarily calculated
weighted-average dumping margins for Norma Group and RNG that are not
zero, de minimis (i.e., less than 0.5 percent), or determined entirely
on the basis of facts available. Accordingly, consistent with guidance
in section 735(c)(5)(A) of the Act, Commerce is preliminarily assigning
to the companies not individually examined a margin of 2.89 percent,
which is the weighted average of the dumping margins calculated for
Norma Group margin and RNG based on publicly ranged U.S. sales
values.\15\ The companies not selected for individual examination are
listed in Appendix II.
---------------------------------------------------------------------------
\15\ See Memorandum, ``Calculation of Margin for Respondents Not
Selected for Individual Examination,'' dated concurrently with this
notice.
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period August 1, 2022,
through July 31, 2023:
---------------------------------------------------------------------------
\16\ See Appendix II for a list of companies not selected for
individual examination.
------------------------------------------------------------------------
Weighted-average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
R. N. Gupta & Company Limited....................... 4.00
Norma (India) Limited/USK Exports Private Limited/ 1.14
Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal.
Non-Selected Companies \16\......................... 2.89
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice.\17\ Interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice.\18\ Rebuttal briefs, limited to issues raised in case briefs,
may be filed no later than seven days after the date for filing case
briefs.\19\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\20\
---------------------------------------------------------------------------
\17\ See 19 CFR 351.224(b).
\18\ See 19 CFR 351.309(c)(1)(ii).
\19\ See 19 CFR 351.309(d)(1) and (2).
\20\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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 briefs 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.\21\ 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).\22\
---------------------------------------------------------------------------
\21\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\22\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------
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, U.S. Department of Commerce,
filed electronically via ACCESS, within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
(3) whether any participant is a foreign national; and (4) a list of
the issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs.\23\
If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be determined. Parties should confirm the
date and time of the hearing two days before the scheduled date. All
briefs and hearing requests must be filed electronically using ACCESS
and received successfully in their entirety by 5:00 p.m. Eastern Time
on the due date.
---------------------------------------------------------------------------
\23\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If the weighted-average
dumping margin for a mandatory respondent is not zero or de minimis in
the final results of this review, we will calculate an importer-
specific assessment rate on the basis of the ratio of the total amount
of dumping calculated for each importer's examined sales and the total
entered value of such sales in accordance with 19 CFR
351.212(b)(1).\24\ If the weighted-average dumping margin is zero or de
minimis in the final results of review, or if an importer-specific
assessment rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\25\
For entries of subject merchandise during the period of review produced
by the respondents for which they did not know its merchandise was
destined for the United States, we will instruct CBP to liquidate
unreviewed entries pursuant to the reseller policy, i.e., the
assessment rate for such entries will be the all-others rate
established in the investigation if there is no rate for the
intermediate company(ies) involved in the transaction.\26\
---------------------------------------------------------------------------
\24\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\25\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\26\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the companies which were not selected for individual
examination, we intend to assign an antidumping duty assessment rate
equal to the weighted-average dumping margin determined for
[[Page 74887]]
the non-examined companies in the final results of review.
For the companies for which the administrative review is rescinded,
antidumping duties shall be assessed at a rate equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(1)(i).
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). The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
cash deposits of estimated antidumping duties, where applicable.\27\
---------------------------------------------------------------------------
\27\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the 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)(C) of the Act:
(1) the cash deposit rate for companies subject to this review will be
equal to the company-specific weighted-average dumping margin
established in the final results of this administrative review; (2) for
merchandise exported by a company 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 in the
completed segment for the most recent period; (3) if the exporter is
not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the producer is, then the cash deposit
rate will be the rate established in the most recently completed
segment of the proceeding for the producer of the merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 8.91 percent, the all-others rate established in the
less-than-fair-value investigation.\28\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\28\ See Order, 82 FR at 40138.
---------------------------------------------------------------------------
Notification to Importers
This notice also 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 and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of countervailing duties.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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 Review, In Part
IV. Rates for Non-Examined Companies
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Balkrishna Steel Forge Pvt. Ltd.
2. C.D. Industries
3. Cetus Engineering Private Limited
4. Echjay Industries Pvt. Ltd.
5. JAI Auto Private Limited
6. Jiten Steel Industries.
7. Munish Forge Private Limited
8. R. D. Forge
9. Renin Piping Products
10. Rollwell Forge Engineering Components and Flanges
11. Rollwell Forge Pvt. Ltd.
12. Tirupati Forge Pvt. Ltd.; Tirupati Forge
Appendix III
Companies for Which Commerce Is Rescinding This Review
1. Adinath International
2. Aditya Forge Limited
3. Allena Group
4. Alloyed Steel
5. Bebitz Flanges Works Private Limited
6. CHW Forge
7. CHW Forge Pvt. Ltd.
8. Citizen Metal Depot
9. Corum Flange
10. DN Forge Industries
11. Echjay Forgings Limited
12. Falcon Valves and Flanges Private Limited
13. Heubach International.
14. Hindon Forge Pvt. Ltd.
15. Kinnari Steel Corporation
16. M F Rings and Bearing Races Ltd
17. Mascot Metal Manufacturers
18. OM Exports
19. Punjab Steel Works
20. Raaj Sagar Steels
21. Ravi Ratan Metal Industries
22. Rolex Fittings India Pvt. Ltd
23. SHM (ShinHeung Machinery)
24. Siddhagiri Metal & Tubes
25. Sizer India
26. Steel Shape India
27. Sudhir Forgings Pvt. Ltd.
28. Umashanker Khandelwal Forging Limited
[FR Doc. 2024-20751 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 13, 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.