Notice2024-26887
Stainless Steel Flanges From India: Preliminary Results and Rescission, in Part, 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
November 19, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that producers and/or exporters of stainless steel flanges (flanges) from India made sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) October 1, 2022, through September 30, 2023. In addition, we are rescinding this review for three companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 223 (Tuesday, November 19, 2024)</title>
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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91337-91340]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26887]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-877]
Stainless Steel Flanges From India: Preliminary Results and
Rescission, in Part, 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) preliminarily finds
that producers and/or exporters of stainless steel flanges (flanges)
from India made sales of subject merchandise in the United States at
prices below normal value (NV) during the period of review (POR)
October 1, 2022, through September 30, 2023. In addition, we are
rescinding this review for three companies. We invite interested
parties to comment on these preliminary results.
DATES: Applicable November 19, 2024.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Eric Chen, AD/
CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4725 or (202) 482-2860,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2018, Commerce published in the Federal Register an
antidumping duty order on flanges from India.\1\ On December 6, 2023,
based on timely requests for review, Commerce initiated an
administrative review (AD) of the Order covering 16 companies, in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the
[[Page 91338]]
Act).\2\ On June 7, 2024, we extended the deadline for the preliminary
results of this administrative review.\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 November 6,
2024.
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\1\ See Stainless Steel Flanges from India: Antidumping Duty
Order, 83 FR 50639 (October 9, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 84784 (December 6, 2023) (Initiation
Notice), corrected by Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 89 FR 8641 (February 8, 2024).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated
June 7, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For details regarding the events that occurred subsequent to the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included in 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 Antidumping Duty Administrative Review of Stainless
Steel Flanges from India; 2022-2023,'' 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 full description of the scope, see the Preliminary
Decision Memorandum.
Partial Rescission 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.\6\ Normally, upon
completion of an administrative review, the suspended entries are
liquidated at the AD assessment rate calculated for the review
period.\7\ Therefore, for an administrative review of a company to be
conducted, there must be a suspended entry that Commerce can instruct
U.S. Customs and Border Protection (CBP) to liquidate at the AD
assessment rate calculated for the POR.\8\
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\6\ See, e.g., Large Diameter Welded Pipe from Greece:
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89
FR 4274 (January 23, 2024).
\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
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On December 21, 2023, we notified parties of our intent to rescind
this administrative review, in part, with respect to: (1) Hilton Metal
Forging Limited (Hilton); (2) Jay Jagdamba Profile Private Limited (Jay
Profile); and (3) Shree Jay Jagdamba Flanges Private Limited (Shree
Jay), because there were no suspended entries of subject merchandise
produced or exported by these companies during the POR, and we invited
interested parties to comment.\9\ No parties commented on our intent to
rescind the review, in part. Therefore, in the absence of any suspended
entries of subject merchandise from Hilton, Jay Profile, and Shree Jay
during the POR, we are rescinding the administrative review for these
companies, in accordance with 19 CFR 351.213(d)(3) and (d)(4).
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\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated December 21, 2023.
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Review-Specific Rate for Companies Not Selected for Individual Review
The Act and Commerce's regulations do not address the 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 less-than-fair value (LTFV) 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 zero or de minimis margins, and any margins
determined entirely on the basis of facts available. In this review,
Commerce calculated estimated weighted-average dumping margins for: (1)
Chandan Steel Limited (Chandan) and (2) BFN Forgings Private Limited;
Viraj Impoexpo, Ltd.; Fanschen werk Bebitz GmbH; Viraj Alloys, Ltd.;
Viraj Forgings, Ltd.; and Viraj Profiles Limited (collectively, BFN/
Viraj),\10\ that are not zero, de minimis, or based entirely on facts
otherwise available. Therefore, Commerce calculated the review-specific
rate using a weighted average of the estimated weighted-average dumping
margins calculated for the examined respondents using each company's
publicly-ranged values for the merchandise under consideration.\11\ The
companies not selected for individual examination are listed in
appendix II.
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\10\ Commerce previously found BFN Forgings Private Limited to
be collapsed with the companies listed above. See, e.g., Stainless
Steel Flanges from India: Final Affirmative Determination of Sales
at Less Than Fair Value and Final Affirmative Critical Circumstance
Determination, 83 FR 40745 (August 16, 2018).
\11\ See Memorandum, ``Calculation of the Non-Selected Company
Rate for the Preliminary Results,'' dated concurrently with this
notice; see also, e.g., Xanthan Gum from the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review, and Partial Rescission; 2018-2019, 85 FR 75686, 74687
(November 23, 2020), unchanged in Xanthan Gum from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2018-2019, 86 FR 16189 (March 26, 2021); Emulsion Styrene-
Butadiene Rubber from the Republic of Korea: Preliminary Results of
the Administrative Review of the Antidumping Duty Order; 2018-2019,
85 FR 39534 (July 1, 2020), unchanged in Emulsion Styrene-Butadiene
Rubber from the Republic of Korea: Final Results of the
Administrative Review of the Antidumping Duty Order; 2018-2019, 85
FR 67512 (October 23, 2020); and Albemarle Corp. v. United States,
821 F. 3d 1345 (Fed. Cir. 2016).
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1) and (2) of the Act. We calculated constructed export price in
accordance with section 772 of the Act. We calculated NV in accordance
with section 773 of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine the following estimated weighted-average
dumping margins exist for the period October 1, 2022, through September
30, 2023:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Chandan Steel Limited................................... 0.62
BFN Forgings Private Limited; Fanschen werk Bebitz GmbH; 2.25
Viraj Alloys, Ltd.; Viraj Forgings, Ltd.; Viraj
Impoexpo, Ltd.; and Viraj Profiles Limited.............
Companies Not Selected for Individual Review \12\....... 1.27
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Disclosure and Public Comment
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\12\ The exporters and/or producers not selected for individual
review are listed in appendix II.
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Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results 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).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\13\ Rebuttal briefs,
limited to issues raised in case briefs, may be filed no 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) a 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 ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\13\ See 19 CFR 351.309(c)(1)(ii).
\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 Final Rule).
\15\ 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 brief 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 limit their public executive summary
of each issue to no more than 450 words, no 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).\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 Final Rule.
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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, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the 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, parties will be notified of
the time and date for the hearing.\18\
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\18\ See 19 CFR 351.310(d).
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.
Pursuant to 19 CFR 351.212(b)(1), because the individually-examined
respondents reported the entered value for their U.S. sales, we will
calculate importer-specific ad valorem antidumping 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 those
same sales. If either respondent's weighted-average dumping margin is
zero or de minimis within the meaning of 19 CFR 351.106(c), or an
importer-specific rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent where the company did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate established in the LTFV investigation
(i.e., 7.00 percent) \19\ if there is no rate for the intermediate
company(ies) involved in the transaction.\20\
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\19\ See Stainless Steel Flanges from India: Notice of Court
Decision Not in Harmony with the Final Determination of Antidumping
Investigation; Notice of Amended Final Determination, 86 FR 50325
(September 8, 2021) (Amended Final).
\20\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies listed in appendix II which were not selected for
individual review, we will assign an assessment rate based on the
review-specific average rate, calculated as noted in the ``Preliminary
Results of Review'' section, above. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by this review and for future deposits of
estimated duties, where applicable.\21\
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\21\ See section 751(a)(2)(C) of the Act.
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For the companies for which we are rescinding the review, we will
instruct CBP to assess antidumping duties on all appropriate entries at
rates equal to the cash deposit of estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
these rescission instructions to CBP no earlier than 35 days after the
date of publication of this notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
Chandan, BFN/Viraj, and the companies listed in appendix II no earlier
than 35 days after the date of
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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 the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
under review will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
de minimis (i.e., less than 0.50 percent), in which case the cash
deposit rate will be zero; (2) for previously reviewed or investigated
companies not covered by this review, the cash deposit rate will
continue to be the company-specific rate published for the most
recently-completed segment of this proceeding in which they were
examined; (3) if the exporter is not a firm covered in this review, a
prior review, or the LTFV investigation, but the producer is, the cash
deposit rate will be the rate established for the most recently-
completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 7.00 percent,\22\ the all-others rate
established in the Amended Final. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\22\ See Amended Final, 86 FR at 50326.
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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 the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: November 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. Discussion of the Methodology
V. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Balkrishna Steel Forge Pvt. Ltd.
2. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd.)
3. Echjay Forgings Private Limited
4. Fivebros Forgings Private Limited
5. Goodluck India Limited; Goodluck Engineering Co.
6. Jai Auto Pvt. Ltd
7. Jay Jagdamba Limited
8. Jay Jagdamba Forgings Private Limited
9. Kisaan Die Tech Private Limited
10. Pradeep Metals Limited
11. R.N. Gupta & Company Limited
[FR Doc. 2024-26887 Filed 11-18-24; 8:45 am]
BILLING CODE 3510-DS-P
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