Notice2024-20753
Finished Carbon Steel Flanges From India: Preliminary Results of Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2022
Primary source
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Published
September 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to certain producers and/or exporters of finished carbon steel flanges (steel flanges) from India. The period of review (POR) is January 1, 2022, through December 31, 2022. In addition, we are notifying parties of our intent to rescind the review with respect to 30 companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74899-74901]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20753]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-872]
Finished Carbon Steel Flanges From India: Preliminary Results of
Countervailing Duty Administrative Review and Preliminary Intent To
Rescind, in Part; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to certain
producers and/or exporters of finished carbon steel flanges (steel
flanges) from India. The period of review (POR) is January 1, 2022,
through December 31, 2022. In addition, we are notifying parties of our
intent to rescind the review with respect to 30 companies. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Preston N. Cox or Amber Hodak, 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) 482-5041 or (202) 842-8034,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 18, 2023, Commerce published in the Federal Register a
notice of initiation of an administrative review of the countervailing
duty (CVD) order on steel flanges from India.\1\ On November 28, 2023,
Commerce selected Norma (India) Ltd. (Norma) and R.N. Gupta & Company
Limited (RNG) as mandatory respondents in this review.\2\ On April 5,
2024, Commerce extended the time period for issuing these preliminary
results, in accordance with section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), to August 30, 2024.\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
September 6, 2024.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829, 71836-71837 (October 18, 2023);
see also Finished Carbon Steel Flanges from India: Countervailing
Duty Order, 82 FR 40138 (August 24, 2017) (Order).
\2\ See Memorandum, ``Respondent Selection,'' dated November 28,
2023.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
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 review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
provided 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>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Finished
Carbon Steel Flanges from India; 2022,'' 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 steel flanges from India. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
[[Page 74900]]
Preliminary Intent To Rescind Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\6\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\7\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty assessment rate calculated for the
review period.\8\
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\6\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
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According to the CBP data on the record, the companies listed in
Appendix III did not have reviewable entries of subject merchandise
during the POR for which liquidation is suspended. Accordingly, in the
absence of reviewable, suspended entries of subject merchandise during
the POR, we intend to rescind this review with respect to these
companies, in accordance with 19 CFR 351.213(d)(3). Parties are invited
to comment on the intent to rescind for these companies.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(l)(A) of the Act. For each of the subsidy programs
found to be countervailable, Commerce preliminarily determines that
there is a subsidy, i.e., a financial contribution by an ``authority''
that give rise to a benefit to the recipient, and that the subsidy is
specific.\9\ For a full description of the methodology underlying our
conclusions, including our reliance, in part, on facts otherwise
available with adverse inferences pursuant to sections 776(a) and (b)
of the Act, see the Preliminary Decision Memorandum.
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\9\ 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 Act and Commerce's regulations do not address the establishment
of a rate to apply 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
instructions for calculating the all-others rate in an investigation.
Section 777A(e)(2) of the Act provides that ``the individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Section 705(c)(5)(A) states that for companies not
investigated, in general, we will determine an all-others rate by
weight averaging the countervailable subsidy rates established for each
of the companies individually investigated, excluding zero and de
minimis rates or any rates based solely on the facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\10\ We preliminarily find that Norma and RNG received
countervailable subsidies at above de minimis rates and not based
entirely on facts available. Therefore, we preliminarily determine to
assign to the companies not selected for individual review a weighted
average of the subsidy rates calculated for Norma and RNG using each
company's publicly ranged data for the value of its exports of subject
merchandise to the United States.\11\ The companies for which a review
was requested, which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent, are listed in
Appendix II.
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\10\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\11\ See Memorandum, ``Preliminary Results Calculation of
Subsidy Rate for Non-Selected Companies Under Review,'' dated
concurrently with this notice.
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Preliminary Results of Review
As a result of this review, Commerce preliminarily determines the
following net countervailable subsidy rates exist for the period
January 1, 2022, through December 31, 2022:
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Norma (India) Ltd.: USK Export Private Limited; Uma Shanker
Khandelwal and Co.; and Bansidhar Chiranjilal. This rate applies to
all cross-owned companies.
\13\ See Appendix II for a list of companies not selected for
individual examination.
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Subsidy rate (percent
Company ad valorem)
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Norma (India) Ltd.\12\......................... 2.58
R.N. Gupta & Company Limited................... 2.28
Non-Selected Companies Under Review \13\....... 2.38
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Disclosure
Commerce intends to disclose its calculations and analysis
performed in connection with the preliminary results to interested
parties 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).
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice. 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.\14\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) table of contents listing
each issue; and (2) a table of authorities.\15\ All briefs must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in
[[Page 74901]]
ACCESS by 5:00 p.m. Eastern Time on the established deadline.
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\14\ 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 Procedures).
\15\ See 19 CFR 351.309(c)(2) and 351.309(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 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.\16\ Further,
we request that interested parties limited their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the 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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Procedures.
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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, filed electronically via ACCESS by 5:00
p.m. Eastern Time 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; and (3) a list of
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, Commerce will inform parties of the schedule date for the
hearing.\18\
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\18\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, 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 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., without
90 days of publication).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, upon publication of
the final results, Commerce intends to instruct CBP to collect cash
deposits of estimated countervailing duties for each of the companies
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, except where the rate
calculated in the final results is zero or de minimis. 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 instructions, when imposed, shall
remain in effect until further notice.
Final Results
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 its
analysis of issues by the parties in any written briefs, no later than
120 days after the date of publication of these preliminary results.
Notification to Interested Parties
We are issuing and publishing these preliminary results 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. Diversification of India's Economy
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Benchmarks and Interest Rates
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Recommendation
Appendix II
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 Pvt. Ltd.
6. Jiten Steel Industries
7. Munish Forge Private Limited
8. R.D. Forge
9. Rollwell Forge Pvt. Ltd.
10. Tirupati Forge
Appendix III
Companies for Which Commerce Intends To Rescind the 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 (PSW)
20. Raaj Sagar Steel
21. Ravi Ratan Metal Industries
22. Renin Piping Products
23. Rolex Fittings India Pvt. Ltd.
24. Rollwell Forge Engineering Components and Flanges
25. SHM (ShinHeung Machinery)
26. Siddhagiri Metal & Tubes
27. Sizer India
28. Steel Shape India
29. Sudhir Forgings Pvt. Ltd.
30. Umashanker Khandelwal Forging Limited
[FR Doc. 2024-20753 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 13, 2024.
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