Notice2024-26216
Stainless Steel Flanges From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
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
November 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that countervailable subsidies are being provided to a producer and exporter of stainless steel flanges from India during the period of review (POR), January 1, 2022, through December 31, 2022. Additionally, Commerce is rescinding this review with respect to five companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 219 (Wednesday, November 13, 2024)</title>
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[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89601-89602]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26216]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-878]
Stainless Steel Flanges From India: Preliminary Results and
Partial Rescission of Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies are being provided to a producer and
exporter of stainless steel flanges from India during the period of
review (POR), January 1, 2022, through December 31, 2022. Additionally,
Commerce is rescinding this review with respect to five companies.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable November 13, 2024.
FOR FURTHER INFORMATION CONTACT: Sun Cho, AD/CVD Operations, Office V,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-6458.
SUPPLEMENTARY INFORMATION:
Background
On October 5, 2018, Commerce published the countervailing duty
order on stainless steel flanges from India.\1\ On December 6, 2023,
Commerce published a notice of initiation of an administrative review
of the Order.\2\ On May 30, 2024, Commerce extended the time period for
issuing these preliminary results by 120 days, in accordance with
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act).\3\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative review by seven days.\4\ The deadline for these
preliminary results is now November 6, 2024.
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\1\ See Stainless Steel Flanges from India: Countervailing Duty
Order, 83 FR 50336 (October 5, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 84784 (December 6, 2023).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated May
30, 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
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 of the Countervailing Duty Administrative Review: Stainless
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 merchandise covered by the Order is stainless steel flanges
from India. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution that gives rise to a benefit to the recipient,
and the subsidy is specific.\6\ For a full description of the
methodology underlying our conclusions, see the Preliminary 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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Partial Rescission of Administrative Review
Commerce's practice is to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(1), when the
interested party that requested a review withdraws the request within
90 days of publication of notice of initiation of the requested review.
Commerce received timely-filed withdrawal requests with respect to five
companies, pursuant to 19 CFR 351.213(d)(1): (1) BFN Forgings Private
Limited; (2) Chandan Steel Limited; (3) Fivebros Forgings Private
Limited; (4) Hilton Metal Forging Limited; and (5) Kisaan Die Tech Pvt
Ltd.\7\ Because the withdrawal requests were timely-filed, and no other
party requested a review of these companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the Order with
respect to these five companies.
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\7\ See Preliminary Decision Memorandum at the section titled
``Partial Rescission of Administrative Review.''
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Preliminary Results of Review
For the period January 1, 2022, through December 31, 2022, we
preliminarily find that the following net countervailable subsidy rate
exists:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Pradeep Metals Limited................................. 1.75
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Disclosure
We will disclose to parties to this proceeding the calculations
performed for these preliminary results within five days of the date of
publication of these preliminary results in accordance with 19 CFR
351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs 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.\8\ 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.\9\
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\8\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\9\ See 19 CFR 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 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.\10\ 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
[[Page 89602]]
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 Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must do so within 30 days of publication of these
preliminary results by submitting a written request to the Assistant
Secretary for Enforcement and Compliance using Enforcement and
Compliance's ACCESS system.\12\ 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. Issues raised in the hearing will be limited to those
raised in the respective case and rebuttal briefs.\13\ 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 the date and time of the
hearing two days before the scheduled date. Parties are reminded that
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.
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310.
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Assessment Rates
Consistent with section 751(a)(2)(C) of the Act, 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 in accordance with the final results of this
review. If the assessment rate calculated for Pradeep Metals Limited in
the final results is zero or de minimis, we will instruct CBP to
liquidate all appropriate entries without regard to countervailing
duties.
For the companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2022, through December 31,
2022, in accordance with 19 CFR 351.212(c)(l)(i).
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the preliminary results
of this review in the Federal Register for those companies for which
Commerce is rescinding the review and no earlier than 35 days after the
date of publication of the final results of this review in the Federal
Register for Pradeep. 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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for the company 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, no cash deposit will be required.
For all non-reviewed firms or companies for which we rescinded the
review, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposit instructions, when imposed, shall remain in effect until
further notice.
Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, 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 their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.211(b)(4).
Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy 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. Rescission of Administrative Review, In Part
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-26216 Filed 11-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 13, 2024.
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