Notice2024-30065
Forged Steel Fluid End Blocks From Germany: Preliminary Results and Rescission, In Part of Countervailing Duty Administrative Review; 2023
Primary source
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Published
December 19, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to BGH Edelstahl Siegen GmbH (BGH), a producer and exporter of forged steel fluid end blocks (fluid end blocks) from Germany. The period of review (POR) is January 1, 2023, through December 31, 2023. In addition, Commerce is rescinding this review, in part, with respect to one company. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 244 (Thursday, December 19, 2024)</title>
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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103780-103782]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30065]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-428-848]
Forged Steel Fluid End Blocks From Germany: Preliminary Results
and Rescission, In Part of Countervailing Duty Administrative Review;
2023
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 BGH
Edelstahl Siegen GmbH (BGH), a producer and exporter of forged steel
fluid end blocks (fluid end blocks) from Germany. The period of review
(POR) is January 1, 2023, through December 31, 2023. In addition,
Commerce is rescinding this review, in part, with respect to one
company. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable December 19, 2024.
FOR FURTHER INFORMATION CONTACT: Rachel Accorsi or Shane Subler, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3149 or (202)
482-6241, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2024, based on timely requests for review, Commerce
initiated this administrative review of the countervailing duty order
on fluid end blocks from Germany.\1\ On April 10, 2024, Commerce
selected BGH and Schmiedewerke Gr ditz GmbH (SWG) as the mandatory
respondents in this review.\2\ On July 22, 2024, Commerce
[[Page 103781]]
tolled certain deadlines in this administrative proceeding by seven
days.\3\ On September 25, 2024, Commerce extended the deadline for the
preliminary results of this review until December 10, 2024.\4\
Additionally, on December 9, 2024, Commerce tolled the deadline to
issue the preliminary results in this administrative review by 90
days.\5\ The deadline for the preliminary results is now March 10,
2025.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 15827 (March 5, 2024) (Initiation
Notice); see also Forged Steel Fluid End Blocks from the People's
Republic of China, the Federal Republic of Germany, India, and
Italy: Countervailing Duty Orders, and Amended Final Affirmative
Countervailing Duty Determination for the People's Republic of
China, 86 FR 7535 (January 29, 2021) (Order).
\2\ See Commerce's Letter, '' Countervailing Duty
Questionnaire,'' dated April 10, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
September 25, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics included in the Preliminary Decision Memorandum is
provided as the 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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Recission of the Countervailing Duty
Administrative Review; 2023: Forged Steel Fluid End Blocks from
Germany,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are fluid end blocks from
Germany. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, In Part
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries of
subject merchandise. Based on our analysis of U.S. Customs and Border
Protection (CBP) information, SWG had no entries of subject merchandise
during the POR. On August 14, 2024, we notified parties that we intend
to rescind this administrative review with respect to the one company
which has no reviewable suspended entries.\7\ No parties commented on
the notification of intent to rescind the review, in part. We are,
therefore, rescinding the administrative review of SWG. For further
information, see the Preliminary Decision Memorandum at the ``Partial
Rescission of Administrative Review'' section.
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\7\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated August 14, 2024.
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Methodology
Commerce is conducting this administrative review in accordance
with 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For
each of the subsidy programs found countervailable, Commerce
preliminarily determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\8\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
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\8\ 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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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rate for the POR, January 1,
2023, through December 31, 2023:
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Subsidy rate
Company (percent ad
valorem)
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BGH Edelstahl Siegen GmbH \9\............................. 3.51
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Disclosure
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).
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), 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.\10\ 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.\11\ 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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\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
BGH Edelstahl Siegen GmbH: Boschgotthardsh[uuml]tte O. Breyer GmbH,
BGH Edelstahlwerke GmbH, RPS Rohstoff-, Press- und Schneidbetrieb
Siegen GmbH, and SRG Schrott und Recycling GmbH.
\10\ 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).
\11\ See 19 351.309(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.\12\ Further,
we request that interested parties limit 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
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).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Procedures.
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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, 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 scheduled
date for the hearing.\14\
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\14\ 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
[[Page 103782]]
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., within 90 days of
publication).
For the company listed above for which the review is being
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, 2023, through December 31, 2023, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue 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
BGH 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
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 amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate (i.e., 6.29
percent),\15\ applicable to the company. These cash deposit
instructions, when imposed, shall remain in effect until further
notice.
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\15\ See Order, 86 FR at 7536.
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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: December 12, 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. Partial Rescission of Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Economic Diversification
VII. Interest Rate Benchmarks
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2024-30065 Filed 12-18-24; 8:45 am]
BILLING CODE 3510-DS-P
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