[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Pages 83051-83054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28087]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-871]
Finished Carbon Steel Flanges from India: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination of
No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
the Norma Group and R.N. Gupta & Co. Ltd. (Gupta), producers/exporters
of finished carbon steel flanges (flanges) from India, did not sell
subject merchandise at prices below normal value (NV) during the period
of review (POR) August 1, 2018 through July 31, 2019. Additionally,
Commerce preliminarily determines that Silbo Industries, Inc. (Silbo)
had no shipments of subject merchandise during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 21, 2020.
FOR FURTHER INFORMATION CONTACT: Fred Baker, George McMahon, or
Margaret Collins, 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, (202) 482-1167, or (202) 482-6250, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2019, we published in the Federal Register a notice of
opportunity to request an administrative review of the antidumping duty
order on flanges from India, for the period August 1, 2018 through July
31, 2019.\1\ Subsequently, Commerce received timely requests for an
administrative review from the petitioners,\2\ Gupta, the Norma Group,
Bebitz Flanges Works Private Limited (Bebitz), and Jai Auto Pvt. Ltd.
of India (Jai Auto).\3\ On October
[[Page 83052]]
7, 2019, Commerce initiated an administrative review of the Order with
respect to 41 companies.\4\ On December 27, 2019, Commerce selected
Gupta and the Norma Group \5\ as the mandatory respondents for this
review.\6\ On April 9, 2020, Commerce extended the deadline for the
preliminary results of this review until August 28, 2020.\7\ On April
24, 2020 Commerce tolled all deadlines in administrative reviews by 50
days.\8\ On July 21, 2020 Commerce tolled all deadlines in
administrative reviews by an additional 60 days.\9\ Accordingly, the
deadline for the preliminary results of this administrative review is
now December 16, 2020. For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\10\
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\1\ See Finished Carbon Steel Flanges from India and Italy:
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order); see
also Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review, 84 FR
37834, 37835 (August 2, 2019).
\2\ The petitioners are Weldbend Corporation and Boltex
Manufacturing Co., L.P. (collectively, the petitioners).
\3\ See Petitioners' Letter, ``Request for Administrative
Review,'' dated September 3, 2019; see also Gupta's Letter,
``Request for Anti-Dumping Duty Administrative Review,'' dated
August 30, 2019; Norma Group's Letter, ``Request for an
Administrative Review,'' dated August 30, 2019, and Norma Group's
Letter, ``Request for Anti-Dumping Duty Administrative Review of
Norma (India) Limited, USK Export Private Limited, Umashanker
Khandelwal and Co. and Bansidhar Chiranjilal,'' dated September 3,
2019; Bebitz's Letter, ``Requests for Administrative Review,'' dated
September 3, 2019; and Jai Auto's Letter, ``Request for Anti-Dumping
Duty Administrative Review of Finished Carbon Steel Flanges from
India,'' dated August 31, 2019.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation
Notice).
\5\ In prior segments of this proceeding, we determined that
Norma (India) Limited; USK Exports Private Limited; Uma Shanker
Khandelwal & Co.; and Bansidhar Chiranjilal should be collapsed and
treated as a single entity (the Norma Group). 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) (Preliminary Determination) 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) (Final Determination);
Finished Carbon Steel Flanges from India: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018, 84 FR 57848,
57849 (October 29, 2019), unchanged in Finished Carbon Steel Flanges
from India: Final Results of Antidumping Duty Administrative Review;
2017- 2018, 85 FR 21391 (April 17, 2020) (2017-2018 Final Results).
In this review, the Norma Group presented evidence that the factual
basis on which Commerce made its prior determination has not
changed. See Norma Group's July 23, 2020 Supplemental Questionnaire
Response (Norma July 23, 2020 SQR) at 2-8. Therefore, in this
administrative review, Commerce continues to collapse and treat
these four companies as a single entity.
\6\ See Memorandum, ``Antidumping Duty Administrative Review of
Finished Carbon Steel Flanges from India: Respondent Selection,''
dated December 27, 2019.
\7\ See Memorandum, ``Finished Carbon Steel Flanges from India:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated April 9, 2020.
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\9\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\10\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Finished Carbon
Steel Flanges from India; 2018-2019,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is finished carbon steel
flanges from India. The product is currently classified under
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff
System of the United States (HTSUS). Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of merchandise subject to the scope is dispositive.\11\
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\11\ For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
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Rate for Non-Selected Companies
The statute 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 Tariff Act
of 1930, as amended (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{time} ''
We preliminarily calculated a zero percent dumping margin for Gupta
and the Norma Group, the mandatory respondents in this review, and have
assigned this rate (i.e., 0.00 percent) to the non-selected
companies.\12\ For additional information, see the Preliminary Decision
Memorandum. 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 http://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the
electronic version of the Preliminary Decision Memorandum are identical
in content. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as an Appendix to this notice.
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\12\ See, e.g., Xanthan Gum from the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review,
and Partial Rescission; 2018-2019, 85 FR 75686, 74687 (November 23,
2020); see also Albemarle Corp. v. United States, 821 F. 3d 1345
(Fed. Cir. 2016); see also Emulsion Styrene-Butadiene Rubber From
the Republic of Korea: Preliminary Results of the Administrative
Review of the Antidumping Duty Order; 2018-2019, 85 FR 39534 (July
1, 2020).
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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 and normal value 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.
Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (CBP)
information and information provided by Silbo, we preliminarily
determine that Silbo had no shipments of the subject merchandise during
the POR.\13\ Consistent with Commerce's practice, we will not rescind
the review with respect to Silbo, but will complete the review and
issue instructions to CBP based on the final results.\14\
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\13\ See Preliminary Decision Memorandum.
\14\ See Polyethylene Terephthalate Film, Sheet, and Strip from
Taiwan: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2017- 2018, 85 FR 1139 (January
9, 2020).
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Preliminary Results of Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margins exist for the period
August 1, 2018 through July 31, 2019:
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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R. N. Gupta & Co., Ltd.................................. 0.00
[[Page 83053]]
Norma (India) Limited/USK Exports Private Limited/Uma 0.00
Shanker Khandelwal & Co./Bansidhar Chiranjilal \15\....
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Review-Specific Average Rate Applicable to the Following Companies:.....
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Adinath International................................... 0.00
Allena Group............................................ 0.00
Alloyed Steel........................................... 0.00
Bebitz Flanges Works Private Limited.................... 0.00
C.D. Industries......................................... 0.00
CHQ Forge............................................... 0.00
CHW Forge Pvt. Ltd...................................... 0.00
Citizen Metal Depot..................................... 0.00
Corum Flange............................................ 0.00
DN Forge Industries..................................... 0.00
Echjay Forgings Limited................................. 0.00
Falcon Valves and Flanges Private Limited............... 0.00
Heubach International................................... 0.00
Hindon Forge Pvt. Ltd................................... 0.00
Jai Auto Private Limited................................ 0.00
Kinnari Steel Corporation............................... 0.00
M F Rings and Bearing Races Ltd......................... 0.00
Mascot Metal Manufactures............................... 0.00
OM Exports.............................................. 0.00
Punjab Steel Works (PSW)................................ 0.00
R. D. Forge............................................. 0.00
Raaj Sagar Steels....................................... 0.00
Ravi Ratan Metal Industries............................. 0.00
Rolex Fittings India Pvt. Ltd........................... 0.00
Rollwell Forge Pvt. Ltd................................. 0.00
SHM (ShinHeung Machinery)............................... 0.00
Siddhagiri Metal & Tubes................................ 0.00
Sizer India............................................. 0.00
Steel Shape India....................................... 0.00
Sudhir Forgings Pvt. Ltd................................ 0.00
Tirupati Forge.......................................... 0.00
Umashanker Khandelwal Forging Limited................... 0.00
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Disclosure and Public Comment
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\15\ Commerce initiated on ``Uma Shanker Khandelwal & Co.'' and
``Umashanker Khandelwal and Co.'' based on the requests for
administrative review that Commerce received from the interested
parties. See Initiation Notice. Because of the minor differences in
the spelling of the aforementioned company names, we have combined
them under the name Uma Shanker Khandelwal & Co., which is part of
the collapsed entity, the Norma Group. Furthermore, we initiated on
``USK Export Private Limited,'' but the requests for a review of
this company referenced both ``USK Export Private Limited'' and
``USK Exports Private Limited.'' In these preliminary results, we
have combined them under the name USK Exports Private Limited, which
is part of the collapsed entity, the Norma Group.
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Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days of the date of publication of this notice, in accordance with
19 CFR 351.224(b).
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\16\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than seven days after the date for filing case briefs.\17\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.
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\16\ See 19 CFR 351.309(c)(1)(ii).
\17\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020).
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All submissions to Commerce must be filed electronically using
ACCESS, and must also be served on interested parties.\18\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the document is due.
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\18\ See 19 CFR 351.303(f).
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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 within 30 days of publication of this notice.\19\ 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. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs.
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\19\ See 19 CFR 351.310(c).
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Pursuant to section 751(a)(2)(B)(iv) of the Act and 19 CFR
351.213(h)(2), Commerce intends to issue the final results of this
administrative review, including the results of its analysis of issues
raised in any written briefs, not later than 120 days after the date of
publication of this notice, unless extended.\20\
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\20\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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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.\21\
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\21\ See 19 CFR 351.212(b)(1).
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For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., greater than or equal to 0.5
percent) in the final results of this review, we will calculate
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of antidumping duties calculated for the examined
sales to the total entered value of the examined sales to that
importer, and we will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review. For entries of subject
merchandise during the POR produced by each respondent for which it did
not know its merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\22\ Where either the individually-selected respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\22\ For a full discussion of this clarification, 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 review, we
intend to assign an assessment rate based on the methodology described
in the ``Rates for Non-Examined Companies'' section. The final results
of this review shall be the basis for the assessment of antidumping
duties on entries of merchandise covered by this review where
applicable.
We intend to issue instructions to CBP 15 days after the date of
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate
for the companies under review will be the rate established in the
final results of this review, except if the rate is de minimis within
the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50 percent), in
which case the cash deposit rate will be zero; (2) for merchandise
exported by manufacturers 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
recently completed segment; (3) if the exporter is not a firm covered
in this review, a prior review, or the original
[[Page 83054]]
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recently completed segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 11.95 percent, the
all-others rate established in the less-than-fair-value
investigation.\23\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\23\ See Order.
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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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: December 15, 2020.
Jeffrey I. Kessler,
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. Preliminary Determination of No Shipments
V. Rates for Non-Examined Companies
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2020-28087 Filed 12-18-20; 8:45 am]
BILLING CODE 3510-DS-P