Notice2025-10639
Stainless Steel Bar From India: Preliminary Results and Intent To Rescind, in Part, of Antidumping Duty Administrative Review; 2023-2024
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
June 11, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on stainless steel bar from India. The period of review (POR) is February 1, 2023, through January 31, 2024. This review covers eight producers/exporters of the subject merchandise. We preliminarily determine that Atlas Stainless Corporation Private Limited (Atlas) to be collapsed with Astrabright LLP, Bahubali Steel Industries, Eurostahl Tech LLP, Venus Metal Corporation, Precision Metals, Venus Wire Industries Private Limited, Hindustan Inox Limited, and Sieves Manufactures (India) Private Limited, and sold subject merchandise at less than at normal value (NV) during the POR. We also preliminary determine that Aamor Inox Limited (Aamor) did not make sales of subject merchandise at less than NV during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 111 (Wednesday, June 11, 2025)</title>
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[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Notices]
[Pages 24566-24568]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10639]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Preliminary Results and Intent To
Rescind, in Part, of Antidumping Duty Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on stainless
steel bar from India. The period of review (POR) is February 1, 2023,
through January 31, 2024. This review covers eight producers/exporters
of the subject merchandise. We preliminarily determine that Atlas
Stainless Corporation Private Limited (Atlas) to be collapsed with
Astrabright LLP, Bahubali Steel Industries, Eurostahl Tech LLP, Venus
Metal Corporation, Precision Metals, Venus Wire Industries Private
Limited, Hindustan Inox Limited, and Sieves Manufactures (India)
Private Limited, and sold subject merchandise at less than at normal
value (NV) during the POR. We also preliminary determine that Aamor
Inox Limited (Aamor) did not make sales of subject merchandise at less
than NV during the POR. We invite interested parties to comment on
these preliminary results.
DATES: Applicable June 11, 2025.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Jacob Keller, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-4889,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 1995, Commerce published the AD order on stainless
steel bar from India.\1\ On February 2, 2024, Commerce published a
notice of opportunity to request an administrative review of the
Order.\2\ On April 9, 2024, based on timely requests for administrative
reviews, Commerce initiated an administrative review of the Order,\3\
and subsequently selected Aamor and Atlas as the mandatory respondents.
On July 22, 2024, Commerce tolled certain deadlines by seven days.\4\
On October 21, 2024, Commerce extended the deadline for the preliminary
results by 120 days.\5\ On December 9, 2024, Commerce tolled certain
deadlines by 90 days.\6\ Thus, the deadline for the preliminary results
of this administrative review is June 5, 2025.
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\1\ See Antidumping Duty Orders: Stainless Steel Bar from
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation: Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 7366 (February 2,
2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 24780 (April 9, 2024).
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, Extension of Deadline for Preliminary
Results,'' dated October 21, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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Scope of the Order
The product covered by this Order is stainless steel bar from
India. For a full description of the scope, see the Preliminary
Decision Memorandum.\7\
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\7\ See Memorandum, ``Stainless Steel Bar from India: Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review; 2023-2024,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum), at
2-3.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export
price and constructed export price are 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 our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is included as
the appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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>. Intent to Rescind, In
Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order where it determines
that there were no suspended entries of subject merchandise during the
POR.\8\ Normally, upon completion of an administrative review, the
suspended entries are liquidated at the AD assessment rate for the
review period. Therefore, for an administrative review to be conducted,
there must be a suspended entry that Commerce can instruct U.S. Customs
and Border Protection (CBP) to liquidate at the calculated AD
assessment rate for the review period.\9\
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\8\ See, e.g., Certain Carbon and Alloy Steel Cut-to-Length
Plate from the Federal Republic of Germany: Rescission of
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January
24, 2023).
\9\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F. Supp. 3d 1328, 1335-36 (CIT 2019) (referring to section
741(a) of the Act, the U.S. Court of International Trade (CIT) held
that: ``While the statute does not explicitly require that an entry
be suspended as a prerequisite for establishing entitlement to a
review, it does explicitly state the determined rate will be used as
the liquidated rate for the review entries. This result can only
obtain if the liquidation of entries has been suspended''); see also
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Final Results of Antidumping Duty Administrative Review And Final
Determination of No Shipments; 2018-2019, 86 Fr 36102 (July 8,
2021), and accompanying Issues and Decision Memorandum at Comment 4;
and Solid Fertilizer Grade Ammonium Nitrate from the Russian
Federation: Notice of Rescission of Antidumping Duty Administrative
Review, 77 FR 65532 (October 29, 2012) (noting that ``for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate'').
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As discussed in greater detail in the Preliminary Decision
Memorandum, the POR entry totals reflected in the data query provided
by CBP reflected no POR entries of subject merchandise from Bhansali
Bright Bars and Chandan Steels Limited.\10\ In absence of any suspended
entries of subject merchandise from these companies during the POR,
Commerce hereby notifies all interested parties of its intent to
rescind this administrative review with respect to these companies.
Commerce is providing interested partis with an opportunity to submit
comments on this preliminary decision, including factual information.
Comments, including factual information from interested parties, are
due to Commerce seven calendar days after the publication date of this
notice. Rebuttal comments, including rebuttal factual information, are
due seven calendar days thereafter. In accordance with 19 CFR 351.303,
all submissions must be filed electronically in ACCESS.
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\10\ See Memorandum, ``U.S. Customs and Border Protection (CBP)
Data Release,'' dated April 22, 2024.
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
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. Where the rates
for individually investigated companies are all zero or de minimis, or
determined entirely using facts otherwise available, section
735(c)(5)(B) of the Act instructs Commerce to rely on ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted-average dumping margins determined for exporters and
producers individually investigated.''
In this review, Commerce has preliminarily determined to apply
adverse facts available (AFA) to Atlas, pursuant to section 776 of the
Act, and assign it a 30.92 percent dumping margin, and calculated an
estimated weighted-average dumping margin for Aamor of 0.00 percent.
Thus, we are preliminarily applying to the non-examined companies,
Ambica Steels Limited, Astrabite LLP, Laxcon Steels Limited, and its
affiliates, Ocean Steels Private Limited, Metlax International Private
Limited, Parvati Private Limited, and Mega Steels Private Limited, and
Meltroll Engineering Pvt. Ltd, the rate of 15.46 percent, which is the
simple average of the rate we preliminarily calculated for Aamor and
the dumping margin we preliminarily assigned to Atlas, determined
entirely under section 776 of the Act.\11\
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\11\ See Baroque Timber Indus. (Zhonghan) Co. v. United States,
971 F. Supp. 2d 1333, 1341 (CIT 2014) (``it is not per se
unreasonable for Commerce to use a simple average of zero and AFA
rates to calculate the separate rate'');' see also, Solianus, Inc.
v. United States, 391 F. Supp. 3d 1331, 1339 (CIT 2019).
\12\ Collectively, these companies are known as Laxcon.
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Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period February 1, 2023, through January
31, 2024:
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Weighted-average
Producer/exporter dumping margin
(percent)
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Aamor Inox Limited.................................. 0.00
Atlas Stainless Corporation Private Limited, 30.92
Astrabright LLP., Bahubali Steel Industries,
Eurostahl Tech LLP, Venus Metal Corporation, Venus
Wire Industries Pvt. Ltd., Precision Metals,
Hindustan Inox Ltd., and Sieves Manufacturers
(India) Pvt. Ltd...................................
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Review-Specific Rates for Non-Examined Companies
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Ambica Steels Limited............................... 15.46
Astrabite LLP....................................... 15.46
Laxcon Steels Limited, and its affiliates, Ocean 15.46
Steels Private Limited, Metlax International
Private Limited, Parvati Private Limited, and Mega
Steels Private Limited \12\........................
Meltroll Engineering Pvt. Ltd....................... 15.46
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Disclosure
We intend to disclose the calculations and analysis performed to
interested parties within five days after public announcement for these
preliminary results or if there is no public announcement, within five
days after the date of publication of this notice in the Federal
Register.\13\
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\13\ See 19 CFR 351.224(b).
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Public Comment
Interested parties will be provided an opportunity to submit
written comments (i.e., case briefs) at a date to be determined by
Commerce, pursuant to 19 CFR 351.309(c). 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 or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\15\ 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
[[Page 24568]]
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).\17\
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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).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\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 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 submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and whether any
participant is a foreign national; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective briefs. An electronically filed hearing request must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after
the date of publication of this notice.
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 issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\18\ If a respondent's weighted-average dumping margin
is above de minimis in the final results of this review, we will
calculate an importer-specific assessment rate based on the ratio of
the total amount of dumping calculated for each importer's examined
sales and the total entered value of the sales in accordance with 19
CFR 351.212(b)(1).\19\ If a respondent's weighted-average dumping
margin or an importer-specific assessment rate is zero or de minimis in
the final results of review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties in accordance
with the Final Modification for Reviews.\20\
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\18\ See 19 CFR 351.212(b).
\19\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\20\ Id., 77 FR at 8103; see also 19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by Aamor
or Atlas for which they did not know their merchandise was destined for
the United States, we will instruct CBP to liquidate unreviewed entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
under review and for future deposits of estimated duties, where
applicable.
We intend 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
CIT, 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 for estimated antidumping
duties will be effective upon publication of the notice of final
results of this review for all shipments of stainless steel bar from
India 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 the company listed above will be
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for merchandise exported by companies not covered in this review
but covered in a prior segment of this proceeding, the cash deposit
rate will continue to be the company-specific rate published for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original less-than-fair-value (LTFV)
investigation but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be the 12.45 percent, the all-
others rate established in the LTFV investigation.\21\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\21\ See Notice of Final Determination of Sales at Less Than
Fair Value: Stainless Steel Bar from India, 59 FR 66915, 66921
(December 28, 1994).
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Notification to Importers
This notice 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 POR. 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.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.221(b)(4).
Dated: June 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Intent to Rescind Review, In Part
V. Affiliation and Single Entity Treatment
VI. Application of Facts Available and Use of Adverse Inference
VII. Rate for Non-Examined Companies
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2025-10639 Filed 6-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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