Stainless Steel Bar From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2012-2013, 16282-16283 [2014-06569]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Notices]
[Pages 16282-16283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06569]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-810]


Stainless Steel Bar From India: Preliminary Results and Partial 
Rescission of Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (Department) is conducting an 
administrative review of the antidumping duty order on stainless steel 
bar (SSB) from India.\1\ The period of review (POR) is February 1, 
2012, through January 31, 2013. This review covers three exporters/
producers of the subject merchandise: Ambica Steels Limited (Ambica); 
Mukand, Ltd. (Mukand); and, Chandan Steel Limited (Chandan). We 
preliminarily determine that Ambica has not made sales of subject 
merchandise at prices below normal value (NV) during this POR. We are 
rescinding this review for Mukand and Chandan. Interested parties are 
invited to comment on these preliminary results.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
19197 (March 29, 2013).

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DATES:  Effective Date: March 25, 2014.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington DC 20230; telephone (202) 482-6478.

Scope of the Order

    The merchandise subject to the order is SSB. The SSB subject to the 
order is currently classifiable under subheadings 7222.10.00, 
7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff 
Schedule of the United States (HTSUS). The HTSUS subheadings are 
provided for convenience and customs purposes. The written description 
is dispositive.\2\
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    \2\ A full description of the scope of the order is contained in 
the memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Stainless Steel Bar from India'' dated 
concurrently with this notice (Preliminary Decision Memorandum), 
which is hereby adopted by this notice.
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    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 (IA ACCESS). 
Access to IA ACCESS is available to registered users at https://iaaccess.trade.gov and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), we are rescinding this 
administrative review with respect to Mukand and Chandan because the 
review requests were timely withdrawn.

Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (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 our conclusions, see 
Preliminary Decision Memorandum.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margin exist for the respondent for 
the period February 1, 2012, through January 31, 2013.

------------------------------------------------------------------------
                                                       Weighted- average
                  Producer/exporter                     dumping margin
                                                           (percent)
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Ambica Steels Limited...............................                0.00
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Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\3\ Pursuant 
to 19 CFR 351.309(c), interested parties may submit cases briefs no 
later than 30 days after the date of publication of this notice. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than five days after the date for filing case briefs.\4\ 
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.\5\ Case and rebuttal briefs should be filed using IA 
ACCESS.\6\
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    \3\ See 19 CFR 351.224(b).
    \4\ See 19 CFR 351.309(d).
    \5\ See 19 CFR 351.309(c)(2) and (d)(2).
    \6\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via IA ACCESS. An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern 
Time within 30 days after the date of publication of this notice.\7\ 
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 briefs.
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    \7\ See 19 CFR 351.310(c).
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    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act.

Assessment Rates

    For Ambica, upon issuance of the final results, the Department 
shall determine, and the United States Customs and Border Protection 
(CBP)

[[Page 16283]]

shall assess, antidumping duties on all appropriate entries covered by 
this review. The Department also intends to issue appropriate 
assessment instructions to CBP 15 days after publication of the final 
results of this review.
    Ambica reported the name of the importer of record and the entered 
value for some of its sales to the United States during the POR. If 
Ambica's weighted-average dumping margin remains zero or de minimis \8\ 
in the final results 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. Pursuant to 19 CFR 351.212(b)(l), 
for these sales, if Ambica's weighted-average dumping margin is above 
de minimis (i.e., 0.50 percent) in the final results of this review, we 
will calculate importer-specific assessment rates based on the ratio of 
the total amount of antidumping duties calculated for each importer's 
examined sales to the total entered value of those sales, and we will 
instruct CBP to assess antidumping duties on all appropriate entries. 
Where Ambica did not report entered value, we will calculate importer-
specific assessment rates for the merchandise in question by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer and dividing this amount by the total quantity of those sales.
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    \8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by Ambica for which it did not know 
its merchandise was destined for the United States. In such instances, 
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. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
    For Mukand and Chandan, antidumping duties shall be assessed at 
rates equal to the rates for the cash deposit of estimated antidumping 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department 
intends to issue appropriate assessment instructions to CBP 15 days 
after the date of publication of this notice.

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of administrative review for all shipments of SSB from India 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2) of the Act: (1) 
The cash deposit rate for Ambica will be the rate established in the 
final results of this administrative review; (2) for merchandise 
exported by producers or exporters not covered in this review but 
covered in a prior completed 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 has been covered in a prior complete segment of this 
proceeding, the cash deposit rate will be the rate established for the 
most recent period for the producer of the merchandise; (4) the cash 
deposit rate for all other producers or exporters will continue to be 
12.45 percent, the ``all others'' rate established in the order.\9\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \9\ 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 and, with respect to 
companies which we rescind in part 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 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.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: March 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary

Background

 Partial Rescission

Scope of the Order

Discussion of the Methodology

 Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of Differential Pricing Analysis
 Product Comparisons
 Date of Sale
 Export Price
 Level of Trade
    A. Analysis of Home Market Sales Level of Trade
    B. Analysis of U.S. Sales Level of Trade
    C. Level of Trade Determination
 Normal Value
    A. Selection of Comparison Market
    B. Cost of Production
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    C. Calculation of Normal Value Based on Comparison Market Prices
    D. Calculation of Normal Value Based on Constructed Value
 Currency Conversion

[FR Doc. 2014-06569 Filed 3-24-14; 8:45 am]
BILLING CODE 3510-DS-P