Finished Carbon Steel Flanges From India: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers and/or exporters of finished carbon steel flanges (steel flanges) from India received countervailable subsidies during the period of review (POR) January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding this review, in part, with respect to 30 companies.
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<title>Federal Register, Volume 90 Issue 113 (Friday, June 13, 2025)</title>
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[Federal Register Volume 90, Number 113 (Friday, June 13, 2025)]
[Notices]
[Pages 25025-25027]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10792]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-872]
Finished Carbon Steel Flanges From India: Final 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) determines that
certain producers and/or exporters of finished carbon steel flanges
(steel flanges) from India received countervailable subsidies during
the period of review (POR) January 1, 2022, through December 31, 2022.
In addition, Commerce is rescinding this review, in part, with respect
to 30 companies.
DATES: Applicable June 13, 2025.
FOR FURTHER INFORMATION CONTACT: Preston N. Cox or Amber Hodak, 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) 482-5041 or (202) 482-8034,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2024, Commerce published the Preliminary Results
of this administrative review in the Federal Register and invited
interested parties to comment.\1\ On October 24, 2024, Commerce
extended the deadline for issuing the final results of this
administrative review by 60 days, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).\2\ On
December 9, 2024, Commerce
[[Page 25026]]
tolled certain deadlines in this administrative proceeding by 90
days.\3\ The deadline for the final results is now June 10, 2025. For a
complete description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\
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\1\ See Finished Carbon Steel Flanges from India: Preliminary
Results of Countervailing Duty Administrative Review and Preliminary
Intent to Rescind, in Part; 2022, 89 FR 74899 (September 13, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated October 24, 2024;
see also Memorandum, ``Clarification of the Extended Deadline for
the Final Results of Administrative Review,'' dated October 31,
2024. The deadline for the final results was extended to March 12,
2025.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Finished Carbon Steel Flanges from India; 2022,'' dated concurrently
with this memorandum (Issues and Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ See Finished Carbon Steel Flanges from India: Countervailing
Duty Order, 82 FR 40138 (August 24, 2017) (Order).
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The merchandise covered by the Order is steel flanges from India.
For a complete description of the scope of the Order, see the Issues
and Decision Memorandum.\6\
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\6\ See Issues and Decision Memorandum.
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Rescission of Administrative Review, in Part
As noted in the Preliminary Results, based on our analysis of U.S.
Customs and Border Protection (CBP) data, we determine that the
companies listed in Appendix III had no reviewable entries of subject
merchandise during the POR.\7\ We received no comments or additional
information from interested parties regarding these listed companies.
Therefore, absent evidence of suspended entries of subject merchandise
during the POR, we are rescinding the administrative review of these 30
companies listed in Appendix III of this notice, pursuant to 19 CFR
351.213(d)(3).
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\7\ See Preliminary Results, 89 FR at 74900.
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Analysis of Comments Received
All issues raised in the case briefs submitted by interested
parties are addressed in the Issues and Decision Memorandum. A list of
topics discussed in the Issues and Decision Memorandum is included as
Appendix I 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 https://access/
<a href="http://trade.gov/public/FRNoticesListLayout.aspx">trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and analysis of comments received
from interested parties, we made changes to the Preliminary Results.
For a full description of this revision, see the Issues and Decision
Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(l)(A) of the Act. For each of the subsidy programs found
to be countervailable, Commerce finds 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\ The subsidy
programs under review, and the issues raised in case and rebuttal
briefs submitted by the interested parties, are discussed in the Issues
and 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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Companies Not Selected for Individual Review
The Act and Commerce's regulations do not directly address the
establishment of rates to apply companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides the basis for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act instructs Commerce, as a
general rule, to calculate an all-others rate equal to the weighted
average of the countervailable subsidy rates established for exporters
and/or producers individually examined, excluding any rates that are
zero, de minimis, or based entirely on facts available. Accordingly, to
determine the rate for companies not selected for individual
examination, Commerce's practice is to weight average the net subsidy
rates for the selected mandatory respondents, excluding rates that are
zero, de minimis, or based entirely on facts available.\9\
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\9\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
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There are 10 companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent.\10\ In this
review, we find that Norma and RNG received countervailable subsidies
at above de minimis rates and not based entirely on facts available.
Therefore, we continue determine to assign the companies not selected
for individual review a weighted average of the subsidy rates
calculated for Norma and RNG using each company's publicly ranged data
for the value of its exports of subject merchandise to the United
States.\11\
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\10\ See Appendix II.
\11\ See Preliminary Results, 89 FR at 74900.
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Final Results of Review
Commerce determines the following net countervailable subsidy rates
for the period January 1, 2022, through December 31, 2022:
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Subsidy rate (percent
Company ad valorem)
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Norma (India) Ltd.; USK Export Private Limited; 2.02
Uma Shanker Khandelwal and Co.\12\............
R. N. Gupta & Company Limited.................. 1.71
Companies Not Selected for Individual 1.81
Examination \13\..............................
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Disclosure
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\12\ As discussed in the Preliminary Results PDM at 20, Commerce
has found the following companies to be cross-owned with Norma
(India) Ltd.: USK Export Private Limited; Uma Shanker Khandelwal and
Co.; and Bansidhar Chiranjilal. This rate applies to all cross-owned
companies.
\13\ See Appendix II.
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Commerce intends to disclose to interested parties the calculations
and analysis performed for these final results within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b).
[[Page 25027]]
Assessment
Consistent with sections 751(a)(1) and (a)(2)(C) of the Act and 19
CFR 351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
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., without 90 days of
publication).
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties for each of the companies 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. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the all-others rate or the most recent
company-specific rate applicable to the company, as appropriate. These
cash deposit instructions, effective upon publication of these final
results, shall remain in effect until further notice.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the disposition of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). 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 terms of an APO
is sanctionable violation.
Notification to Interested Parties
Commerce is issuing the final results and publishing this notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: June 6, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether the Duty Drawback (DDB) Program is
Countervailable
Comment 2: Whether the Export Promotion of Capital Goods Scheme
(EPCGS) is Countervailable
Comment 3: Whether the Interest Equalization Scheme (IES) is
Countervailable
Comment 4: Whether Commerce Correctly Found the Merchandise
Export from India Scheme (MEIS) and the Status Holder Incentive
(SHIS) to be Countervailable
Comment 5: Whether Commerce Corrected Analyzed the Electricity
Duty Exemption Under the State Government of Uttar Pradesh
Investment Promotion Scheme/Infrastructure and Industrial Investment
Policy (SGUP-EDE) Scheme
Comment 6: Whether the Remission of Duties and Taxes on Export
Products (RoDTEP) is Countervailable
Comment 7: Whether the Provision of Carbon Steel Inputs for Less
Than Adequate Remuneration (LTAR) is Countervailable
VIII. Recommendation
Appendix II
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 Pvt. Ltd.
6. Jiten Steel Industries
7. Munish Forge Private Limited
8. R.D. Forge
9. Rollwell Forge Pvt. Ltd.
10. Tirupati Forge
Appendix III
Companies for Which the Review Is Rescinded
1. Adinath International
2. Aditya Forge Limited
3. Allena Group
4. Alloyed Steel
5. Bebitz Flanges Works Private Limited
6. CHW Forge
7. CHW Forge Pvt. Ltd.
8. Citizen Metal Depot
9. Corum Flange
10. DN Forge Industries
11. Echjay Forgings Limited
12. Falcon Valves and Flanges Private Limited
13. Heubach International
14. Hindon Forge Pvt. Ltd.
15. Kinnari Steel Corporation
16. M F Rings and Bearing Races Ltd.
17. Mascot Metal Manufacturers
18. OM Exports
19. Punjab Steel Works (PSW)
20. Raaj Sagar Steel
21. Ravi Ratan Metal Industries
22. Renin Piping Products
23. Rolex Fittings India Pvt. Ltd.
24. Rollwell Forge Engineering Components and Flanges
25. SHM (ShinHeung Machinery)
26. Siddhagiri Metal & Tubes
27. Sizer India
28. Steel Shape India
29. Sudhir Forgings Pvt. Ltd.
30. Umashanker Khandelwal Forging Limited
[FR Doc. 2025-10792 Filed 6-12-25; 8:45 am]
BILLING CODE 3510-DS-P
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