[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Notices]
[Pages 21391-21394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08137]
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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; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the
producers/exporters subject to this administrative review made sales of
finished carbon steel flanges (flanges) from India at less than normal
value during the period of review (POR), February 8, 2017 through July
31, 2018.
DATES: Applicable April 17, 2020.
FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2924.
SUPPLEMENTARY INFORMATION:
Background
This administrative review covers 37 producers/exporters of the
subject merchandise. Commerce selected two companies, the Norma Group
\1\ and R.N. Gupta & Co. Ltd. (Gupta) for individual examination as the
mandatory respondents in this administrative review.\2\ On October 29,
2019, Commerce published the Preliminary Results of this administrative
review and invited interested parties to comment.\3\ On December 2,
2019, Norma Group submitted its case brief.\4\ On the same day,
Weldbend Corporation and Boltex Manufacturing Co., L.P. (collectively,
the petitioners), submitted two case briefs, one related to Norma Group
and one related to Gupta.\5\ On December 9, 2019, Norma Group and Gupta
each submitted a rebuttal brief.\6\ However, Commerce rejected Gupta's
rebuttal brief on February 7, 2020, because it contained untimely
submitted factual information.\7\ Gupta submitted a redacted version of
its original rebuttal brief on February 10, 2020.\8\ No other party
submitted case or rebuttal briefs. On February 13, 2020, we extended
the deadline for these final results, until April 10, 2020.\9\
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\1\ The Norma Group consists of the following companies: Norma
(India) Limited (Norma), USK Exports Private Limited, Uma Shanker
Khandelwal & Co., and Bansidhar Chiranjilal. The agency collapsed
these companies for purposes of respondent selection because they
were collapsed in a prior segment of this proceeding (i.e.,
investigation). See 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 Determination Memorandum at 4
(collectively, Preliminary Determination); unchanged in Finished
Carbon Steel Flanges from India: Final Determination of Sales at
Less Than Fair Value, 82 FR 29483 (June 29, 2017) (Final
Determination). Norma Group presented evidence that the factual
basis on which Commerce made its prior determination has not
changed. See Norma Group's March 1, 2019 Supplemental Questionnaire
Response (Norma Group March 1, 2019 SQR) at 12-20. Accordingly, we
continue to collapse and treat these companies as a single entity
for purposes of this proceeding.
\2\ See Memorandum, ``Antidumping Duty Administrative Review of
Finished Carbon Steel Flanges from India: Respondent Selection,''
dated November 9, 2018.
\3\ See Finished Carbon Steel Flanges from India: Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018, 84 FR
57848 (October 29, 2019), and accompanying Preliminary Decision
Memorandum (collectively, the Preliminary Results).
\4\ See Norma Group's Case Brief, ``Finished Carbon Steel
Flanges from India: Norma's Comments on the Preliminary Results,''
dated December 2, 2019.
\5\ See Petitioners' Case Briefs, ``Finished Carbon Steel
Flanges from India: Case Brief--Weldbend Corporation and Boltex
Manufacturing Co., L.P.,'' dated December 2, 2019.
\6\ See Norma Group's Rebuttal Brief, ``Finished Carbon Steel
Flanges from India: Norma's Rebuttal Comments,'' dated December 9,
2019.
\7\ See Commerce Letter, ``Finished Carbon Steel Flanges from
India: Rejection of Rebuttal Brief,'' dated February 7, 2020.
\8\ See Gupta Rebuttal Brief, ``Finished Carbon Steel Flanges
from India: Redacted Rebuttal Brief of R.N. Gupta & Company
Limited,'' dated February 10, 2020.
\9\ See Memorandum, ``Finished Carbon Steel Flanges from India:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated February 13, 2020.
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[[Page 21392]]
Scope of the Order \10\
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\10\ See Finished Carbon Steel Flanges from India and Italy:
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (the Order).
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The scope of the Order covers finished carbon steel flanges.
Finished carbon steel flanges are currently classified under
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff
Schedule of the United States (HTSUS). They may also be entered under
HTSUS subheadings 7307.91.5030 and 7307.91.5070. While HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this Order is dispositive. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.\11\
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\11\ See Memorandum, ``Issues and Decisions Memorandum for the
Final Results of Administrative Review: Finished Carbon Steel
Flanges from India; 2017-2018,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decisions Memorandum).
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Analysis of Comments Received
All issues raised by the parties in their case and rebuttal briefs
are listed in the appendix to this notice and addressed in the Issues
and Decision Memorandum. 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 https://access.trade.gov and is available to all parties in the Central Records
Unit, Room B8024 of the main Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at http://enforcement.trade.gov/frn/index.html. The
signed Issues and Decision Memorandum and the electronic version of the
Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, and for the reasons
explained in the Issues and Decision Memorandum, Commerce made certain
changes to the preliminary weighted-average dumping margin for the
Norma Group, and the companies not selected for individual examination
in this administrative review.
Final Results of Administrative Review
For these final results, we determine that the following weighted-
average dumping margins exist for the period February 8, 2017 through
July 31, 2018:
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Weighted-average
Producers/exporters dumping margin
(percent)
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R.N. Gupta & Co., Ltd............................... 1.20
Norma (India) Limited/USK Exports Private Limited/ 0.00
Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal
\12\...............................................
Adinath International............................... 1.20
Allena Group........................................ 1.20
Alloyed Steel....................................... 1.20
Bebitz Flanges Works Private Limited................ 1.20
C.D. Industries..................................... 1.20
CHW Forge Pvt. Ltd \13\............................. 1.20
CHW Forge........................................... 1.20
Citizen Metal Depot................................. 1.20
Corum Flange........................................ 1.20
DN Forge Industries................................. 1.20
Echjay Forgings Limited............................. 1.20
Falcon Valves and Flanges Private Limited........... 1.20
Heubach International............................... 1.20
Hindon Forge Pvt. Ltd............................... 1.20
Jai Auto Private Limited............................ 1.20
Kinnari Steel Corporation........................... 1.20
M F Rings and Bearing Races Ltd..................... 1.20
Mascot Metal Manufactures........................... 1.20
OM Exports.......................................... 1.20
Punjab Steel Works (PSW)............................ 1.20
R. D. Forge......................................... 1.20
Raaj Sagar Steels................................... 1.20
Ravi Ratan Metal Industries......................... 1.20
Rolex Fittings India Pvt. Ltd....................... 1.20
Rollwell Forge Pvt. Ltd............................. 1.20
SHM (ShinHeung Machinery)........................... 1.20
Siddhagiri Metal & Tubes............................ 1.20
Sizer India......................................... 1.20
Steel Shape India................................... 1.20
Sudhir Forgings Pvt. Ltd............................ 1.20
Tirupati Forge...................................... 1.20
Umashanker Khandelwal Forging Limited............... 1.20
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Rate for Non-Selected Respondents
For the rate for non-selected respondents in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Tariff
Act of 1930, as amended (the Act), which provides instructions for
calculating the all-others rate in a market economy investigation.
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
[[Page 21393]]
individually investigated, excluding any zero or de minimis margins,
and any margins determined entirely {on the basis of facts
available{time} .'' In this segment of the proceeding, we calculated a
weighted-average dumping margin for Gupta that was not zero, de
minimis, or based on facts available. Accordingly, we applied the
weighted-average dumping margin calculated for Gupta to the non-
individually examined respondents.
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\12\ Commerce previously collapsed these companies for purposes
of respondent selection, because they were collapsed in a prior
segment of this proceeding (i.e., investigation). See Preliminary
Determination); unchanged in Final Determination. Norma Group
presented evidence that the factual basis on which Commerce made its
prior determination has not changed. See Norma Group March 1, 2019
SQR at 12-20. Accordingly, we continue to collapse and treat these
companies as a single entity for purposes of this proceeding.
\13\ The name of this company was incorrected spelled ``CHQ
Forge Pvt. Ltd.'' in the initiation notice. See Petitioners' Letter,
``Finished Carbon Steel Flanges from India: Request for
Administrative Review,'' dated August 31, 2018; and Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 83 FR
50077 (October 4, 2018).
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Disclosure of Calculations
We intend 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 accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. For Gupta, because its weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent), Commerce has
calculated importer-specific antidumping duty assessment rates. We
calculated importer-specific ad valorem antidumping duty assessment
rates by aggregating the total amount of dumping calculated for the
examined sales of each importer and dividing each of these amounts by
the total entered value associated with those sales. We will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review where an importer-specific assessment rate is not zero or
de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping duties any entries for which
the importer-specific assessment rate is zero or de minimis.
For Norma, we will instruct CBP to liquidate its entries during the
POR imported by the importers identified in its questionnaire responses
without regard to antidumping duties because its weighted-average
dumping margin in these final results is zero.\14\
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\14\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103, 8103 (February 14,
2012).
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For companies that were not selected for individual examination, we
will instruct CBP to liquidate unreviewed entries based on the
methodology described in the ``Rate for Non-Selected Respondents''
section, above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by any company upon which
we initiated an administrative review, for which they did not know that
the 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.\15\
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\15\ 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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We intend to issue instructions to CBP 15 days after publication of
the final results of this administrative review.
Cash Deposit Requirements
The following deposit requirements for estimated antidumping duties
will be effective upon publication of the notice of these final results
of review for all shipments of flanges 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 rates
for the reviewed companies will be the rates established in these final
results of 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 producers or exporters 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 for the most
recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original investigation, but the producer
is, then the cash deposit rate will be the rate established for the
most recent period for the producer of the subject merchandise; (4) the
cash deposit rate for all other producers or exporters will continue to
be 8.91 percent,\16\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements shall remain
in effect until further notice.
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\16\ See Order, 82 FR at 40138 (August 24, 2017).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
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 and/or
countervailing duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order (APO)
This notice also serves as the only 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
We are issuing and publishing notice of these final results in
accordance with sections 751(a) and 777(i)(1) of the Act. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
May 19, 2020, unless extended.\17\
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\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
Dated: April 10, 2020.
Jeffrey I. Kessler,
Assistant Secretaryfor Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Gupta's Scrap Offset
Comment 2: Gupta's Interest Income Offset
Comment 3: Operating Expenses of Bansidhar Chiranjilal
Comment 4: Ministerial Error
[[Page 21394]]
VI. Recommendation
[FR Doc. 2020-08137 Filed 4-16-20; 8:45 am]
BILLING CODE 3510-DS-P