Notice2024-31480
Finished Carbon Steel Flanges From India: Final Results 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
January 2, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines 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.
Full Text
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<title>Federal Register, Volume 90 Issue 1 (Thursday, January 2, 2025)</title>
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[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Pages 74-76]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31480]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-871]
Finished Carbon Steel Flanges From India: Final Results 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) determines 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.
DATES: Applicable January 2, 2025.
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 September 7, 2023, Commerce published the Preliminary Results of the
2022-2023 administrative review and invited interested parties to
comment. This administrative review covers 14 producers and/or
exporters of the subject merchandise. Commerce selected R.N. Gupta &
Co. Ltd. (RNG) and Norma Group \2\ for individual examination. The
producers/exporters not selected for individual examination are listed
in the Appendix II section of this notice.\3\ On October 22, 2024,
Norma Group and RNG each submitted a case brief.\4\ No other party
submitted case or rebuttal briefs. On December 9, 2024, Commerce tolled
the deadline to issue the final results in this administrative review
by 90 days.\5\ Accordingly, the deadline for these final results is now
April 11, 2025.
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\1\ See Finished Carbon Steel Flanges from India and Italy:
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order).
\2\ 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.
\3\ See Appendix II for a list of companies not selected for
individual examination.
\4\ See Norma Group's Letter, ``Case Brief,'' dated October 22,
2024; see also RNG's Letter, ``Case Brief of R.N. Gupta & Company
Limited,'' dated October 22, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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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
Issues and Decision Memorandum.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2022-2023 Administrative Review of the
Antidumping Duty Order on Finished Carbon Steel Flanges from
India,'' dated December 23, 2024 (Issues and Decision Memorandum).
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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 final results, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by the parties in their case and rebuttal briefs
are addressed in the Issues and Decision Memorandum. A list of the
issues which parties raised, and to which we responded in the Issues
and Decision Memorandum, follows in the appendix to this notice. The
Issues and 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 Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of the comments received, and for the reasons
explained in the Issues and Decision
[[Page 75]]
Memorandum, Commerce made certain changes to the preliminary weighted-
average dumping margins for RNG and Norma Group. As a result of these
changes, we have also revised the rate applicable companies not
selected for individual examination.
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 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 2.54 percent,
which is the weighted average of Norma Group's margin and RNG's margin
based on publicly ranged U.S. sales values.\7\ The companies not
selected for individual examination are listed in Appendix II.
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\7\ See Memorandum, ``Calculation of Margin for Respondents Not
Selected for Individual Examination,'' dated concurrently with this
notice.
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Final Results of Administrative Review
For these final results, we determine that the following estimated
weighted-average dumping margins exist for the period August 1, 2022,
through July 31, 2023:
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Weighted-average
Exporter/manufacturer dumping margin
(percent)
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Norma (India) Limited/USK Exports Private Limited/ 0.89
Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal.
R.N. Gupta & Company Limited........................ 3.60
Review-Specific Rate for Non-Selected Companies..... 2.54
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Disclosure
Commerce intends to disclose the calculations performed for these
final results to parties in this proceeding within five days of the
date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
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).\8\
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.\9\ 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.\10\
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\8\ 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).
\9\ Id., 77 FR 8102-03; see also 19 CFR 351.106(c)(2).
\10\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 the non-
examined companies in the final results of 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). 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.\11\
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\11\ See section 751(a)(2)(C) of the Act.
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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-
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fair-value investigation.\12\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\12\ See Order, 82 FR 40138.
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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 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 duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
These final 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: December 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Incorrect Window Period
Comment 2: Incorrect Cash Deposit Instructions
Comment 3: Calculation of Constructed Value Profit and Selling
Expenses
VI. 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
[FR Doc. 2024-31480 Filed 12-31-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 2, 2025.
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